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Issues Involved:
1. Assessability of income from the Gwalior estate in the hands of the Hindu undivided family (HUF) versus an association of persons (AOP) or individually. 2. Validity of partial distribution of assets by the administrator of the estate of the late Maharaja Sir J. M. Scindia. Issue-Wise Detailed Analysis: 1. Assessability of Income from the Gwalior Estate: The primary issue was whether the income from the Gwalior estate for the assessment years 1970-71 to 1973-74 should be assessed in the hands of the Hindu undivided family (HUF) consisting of Sri Madhavrao and his mother, or as an association of persons (AOP) consisting of the legal heirs of the late Maharaja, Sir J. M. Scindia, or in the hands of Sri Madhavrao individually. The court considered the historical and legal context of the Gwalior estate. It was established that the Gwalior estate was family property originating from Jagirs given to the family. The estate had been managed and accumulated as family property, and the Maharaja had filed income tax returns in an individual capacity. However, the Tribunal found that the property was not impartible and was subject to the Hindu Succession Act, 1956, which governs Hindu succession and overrides any previous laws or customs inconsistent with it. The Tribunal's findings were based on substantial material evidence, including the fact that the estate was recognized as family property and not governed by the rule of primogeniture. The court held that the succession to the estate would be governed by section 6 and other relevant provisions of the Hindu Succession Act, under which the legal status of the property is clearly a Hindu undivided family. Therefore, the Tribunal was right in holding that 2/3rds of the income from the Gwalior estate was assessable in the hands of the HUF and the remaining 1/3rd in the hands of the AOP. The court also noted that the certificate issued by the President of India recognizing Sri Madhavrao as the Ruler did not affect the private property rights of the Ruler, particularly when rights of third parties were involved. 2. Validity of Partial Distribution of Assets: The second issue was whether the partial distribution of the assets effected by the administrator of the estate of the late Maharaja Sir J. M. Scindia on February 1, 1968, was valid in law. The court upheld the Tribunal's finding that the partial distribution was valid. The Tribunal had found that the estate was neither impartible nor subject to the rule of primogeniture. The Hindu Succession Act, which provides a complete code on the subject, governs the succession to the estate. The Act has an overriding effect, and any previous laws or customs inconsistent with it cease to apply. The court emphasized that the rule of primogeniture did not apply to the Gwalior estate under any law, and the covenant dated April 22, 1948, did not guarantee the estate to a single heir. The court also referenced the Supreme Court's summary in the case of Sundari v. Laxmi, which clarified that the Hindu Succession Act overrides any inconsistent existing laws. The court concluded that the partial distribution of assets by the administrator was valid under the Hindu Succession Act. Conclusion: The court answered both questions in the affirmative and in favor of the assessee. The income from the Gwalior estate was correctly assessed in the hands of the HUF and the AOP, and the partial distribution of assets by the administrator was valid. No order as to costs was made.
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