53. Persons accountable, and their duties and liabilities,.
(1)Where any property passes on the death of the deceased.-(a)every legal representative to whom such property so passes for any beneficial interest in possession or in whom any interest in the property so passing is at any time vested,(b)every trustee, guardian, committee or other person in whom any interest in the property so passing or the management thereof is at any time vested, and(c)every person in whom any interest in the property so passing is vested in possession by allegation or other derivative title,shall be accountable for the whole of the estate duty on the property passing on the death but shall not be liable for any duty, in excess of the assets of the deceased which he actually received or which, but for his own neglect or default he might have received:Provided that nothing in this section shall render a person accountable for duty who acts merely as agent or bailiff for another person in the management of property.(2)Notwithstanding anything contained in sub-section (1)where an heir-at-law proves to the satisfaction of the controller that some other person is in adverse possession of any assets of the deceased, the heir-at-law shall not be accountable for the portion of the estate duty payable in respect of such assets:Provided that he shall become so accountable if, and to the extent that, he subsequently recovers possession of such assets.(3)Every person accountable for estate duty under the provisions of this section shall, within six months of the death of deceased or such later time as the Controller may allow, deliver to the Controller and verify to the best of his knowledge and belief, an account of all the property in respect of which estate duty is payable.(4)Where the person accountable knows of any property which he has not included in his account because he does not know its amount or value, he may state that such property exists, but he does not know the amount or value thereof and that he undertakes, as soon as the amount and value are ascertained to bring a supplementary account thereof and to pay both the duty for which he may be liable in respect of such property and any further duty payable by reason thereof for which he may be liable in respect of the property mentioned in the original account(5)Where two or more persons are accountable whether in the same capacity or in different capacities, for estate duty in respect of any property passing on the death of the deceased, they shall be liable jointly and severally for the whole of the estate duty on the property so passing.
