44. Reasonable funeral expenses, and with some exceptions, debts and incumbrances to be allowed for in determining chargeable value of estate.
- In determining the value of an estate for the purpose of estate duty, allowance shall be made for funeral expenses (not exceeding rupees one thousand) and for debts and incumbrances; but an allowance shall not be made.-(a)for debts incurred by the deceased, or incumbrances created by a disposition made by the deceased, unless, subject to the provisions of section 27, such debts or incumbrances were incurred or created bona fide for full consideration in money or money's worth wholly for the deceased's own use and benefit and take effect out of his interest, or(b)for any debt in respect whereof there is right to reimbursement from any other estate or person, unless such reimbursement cannot be obtained or(c)more than once for the same debt or incumbrance charged upon different portions of the estate, or(d)for debts incurred by or on behalf of the deceased by way of dower, to the extent to which such debts are in excess of rupees five thousand,and any debt or incumbrance for which an allowance is made shall be deducted from the value of the property liable thereto.Explanation. - For the purposes of this section, "funeral expenses" include all expenses which may have to be incurred in connection with the sraddha or basis ceremonies of the deceased for a period of one year from his death.
