Sabyasachi Mukharji, J. - (1.) In this reference under Section 64(1) of the E.D. Act, 1953, the following question has been referred to this court for an answer: " Whether, in the facts and circumstances of this case, and upon a proper construction of the trust deed dated 24th October, 1944, and the documents dated 25th June, 1954, 30th July, 1954, 10th September, 1956, and 22nd April, 1960, the Tribunal was right in holding that the estate of the deceased has rightly been assessed to estate duty under Section 12 read with Section 27 of the Estate Duty Act, 1953 ? "
(2.) During the estate duty assessment proceedings the Asst. Controller found that the deceased, Makhanlal Mukherjee, died intestate on 30th December, 1966, at the age of 77 years. The deceased was survived by six sons and one married daughter and one of them had been authorised to represent the other heirs in the estate duty proceedings. In the estate duty assessment various properties of the deceased were involved. We are concerned here with the properties covered by the original trust deed. The deceased executed a deed of trust on 24th October, 1944, and settled some properties to the trust. As this is the main deed and the main question involved in this reference boils down to this, it would be necessary, in our opinion, to refer to the provisions of the said deed. The said deed indicated the object of the trust. The object of the trust, inter alia, is as follows: " I have created this trust in order to preserve the properties mentioned in the schedule below in a state free from encumbrances and defects and to make development and enhancement of the same, get my Adya Sradh Ceremony performed out of the income of the said properties after my death, to get performed my Annual Sradh Ceremony, to offer pindas at Gaya and to get performed Tarpan according to Shastras for the solace of the departed souls of my ancestors, to get performed Annual Sradh and to perform the ten sacred rites, making arrangement for education and the maintenance of my heirs. God forbid if ever I leave no progeny, then this trust property, shall be included within Durgamani Trust Estate. "
(3.) Then the deed went on to state the trust property and the appointment of the trustees. The settlor or the deceased appointed himself as a trustee for life and it was provided that he shall continue to realise interest and dividend in respect of the trust properties. Thereafter, the deed provided, inter alia, as follows: " The trustees shall function according to the provisions of the deed and shall be vested with power accordingly. This trust estate is not and shall not be liable for any of the personal debt of myself or other trustees. If any suit or cause has to be filed on behalf of the trust estate against anybody or if the same is done against the trust estate then any one of the trustees shall be competent to sign as a trustee on behalf of the trust estate on the plaint, written statement, petition or vakalatnama and all other papers relating to courts. If in future any deed or rectification deed is required to be executed in order to make the written object of this deed effective and strong, or any advice is received, then the same can be done by the appointed trustees or their representatives.";