1982 (8) TMI 42 - HC - Income Tax

Summary

Issues:
Validity of alienation by sole surviving coparcener in a Hindu undivided family.

Analysis:
The judgment delivered by the High Court of Gujarat pertains to a question of law referred by the Income-tax Appellate Tribunal regarding the validity of an alienation made by a Hindu undivided family's sole surviving coparcener. The case involved a coparcenary consisting of the coparcener, his son, and his wife. The coparcener received shares and cash in a partition and subsequently settled the properties in a trust deed. The trust provided for monthly payments to the settlor and his wife until a specified date, after which the corpus was to be transferred back to the settlor. The Income Tax Officer initially held the alienation as legal, a decision upheld by the Appellate Authority. The coparcener contended that he had no right to alienate the property due to his wife's entitlement to maintenance. However, the Tribunal affirmed the lower authorities' decision, leading to the reference to the High Court.

The main contention before the High Court was whether the coparcener, despite having a wife, could alienate coparcenary property as if it were his separate property. The court relied on established legal principles from Mulla's Principles of Hindu Law, which state that a sole surviving coparcener can dispose of coparcenary property as separate property, including making sales, mortgages, or gifts. The existence of a female member entitled to maintenance does not restrict the coparcener's right to alienate the property. Therefore, the High Court upheld the Tribunal's decision, affirming the coparcener's right to alienate the property in question.

The High Court also noted that the challenge to the alienation was limited to a specific ground presented before the Tribunal. The court did not allow the introduction of new grounds for challenging the alienation beyond what was initially raised. Ultimately, the High Court answered the referred question in the affirmative, ruling against the assessee and in favor of the Revenue. The reference was thus answered accordingly, with costs.