The Estate Duty Act 1953, 34 of 1953, (Rep., Act 20 of 2000)

Section 77. Facilities for paying duty or raising amount already paid

Repealed or not in force · As amended up to 2026-08

77. Facilities for paying duty or raising amount already paid.—(1) A person authorised or required to pay estate duty in respect of any property shall, for the purposes of paying the duty, or raising the amount of the duty when already paid, have power, whether the property is or is not vested in him, to raise the amount of such duty and any interest and expenses properly paid or incurred by him in respect thereof, by the sale or mortgage of or a terminable charge on that property or any part thereof: Provided that any sum payable under any such sale, mortgage or ter- minable charge may be paid (to the extent to which such sum or part thereof represents the estate duty payable), not to the person raising the sum but to the Controller at the option of the person from whom the sum is being raised. (2) A person having an interest in any property, who pays the estate duty in respect of that property, shall be entitled to the like charge, as Estate Duty [Act 34 if the estate duty in respect of that property had been raised by means of a mortgage to him. (3) Any money arising from the sale of property comprised in a settlement or held upon trust to lay out upon the trusts of a settlement may be expended in paying any estate duty in respect of property comprised in the settlement and held upon the same trusts.

Source: India Code