By Contract Or Otherwise

By contract or otherwise, the words 'by contract or otherwise' in the second limb of the s. 10 of the Estate Duty Act, 1953 will not control the words 'to the entire exclusion of the donor' in the first limb. In other words, in order to attract the section it is not necessary that the possession of the donor of the gift must be referable to some contractual or other arrangement enforceable in law or in equity, George Da Costa v. Controller of Estate Duty, (1967) 1 SCR 1004: AIR 1967 SC 849 (851): (1967) 63 ITR 497. (Estate Duty Act, 1965, s. 10)