74. Estate duty a first charge on property liable thereto.
(1)Subject to the provisions of section 19, the estate duty payable in respect of property, movable or immovable, passing on the death of the deceased, shall be a first charge on the immovable property so passing (including agricultural land) in whomsoever it may vest on his death after the debts and in cumbrances allowable under Part VI of this Act; and any private transfer or delivery of such property shall be void against any claim in respect of such estate duty.(2)A rateable part of the estate duty on an estate, in proportion to the value of any beneficial interest in possession in movable property which passes to any person (other than the legal representative of the deceased) on the death of the deceased shall be a first charge on such interest:Provided that the property shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice.(3)The Controller may release the whole or any part of any property, whether movable or immovable from charge under this section in such circumstances and on such conditions as he thinks fit.
