9911796707
TMI Blog1986 (6) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... is K. Surayanarayana and we are concerned with the properties bequeathed to him. The question for consideration is whether the income from the properties bequeathed to him under the above will is individual income or a HUF income. According to the assessee under the will his father has bequeathed the properties for he enjoyment by him and his children from generation to generation and so they are HUF properties. The ITO held that the assessee's share of income from property and dividend devolved on him under the will is includible in the individual assessment. Accordingly, he completed the assessments for these three years. On appeal, the AAC held that it is not possible to infer that the property was given for the limited enjoyment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuted by the assessee's father Dr. K. Bhimeswar Rao. English translation of paragraph 6 of that will which is relevant for our purpose is as under : "Except the property mentioned in paras 1 to 5 the rest of the properties movable and immovable shall be enjoyed by my two sons Shri K. Suryanarayana and Shri K. Lakshminarayana equally with full rights after my death." In paragraph 1 of the will he has stated that all the properties bequeathed under the will are self-acquired properties. A reading of the will clearly shows that Dr. K. Bhimeswara Rao bequeathed the properties to his two sons equally with full rights. There is nothing to indicate in the said will that the gave the properties to the families of the assessee and his brother. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y consequence that the father is quite competent to provide expressly, when he makes a gift, either that the donee would take it exclusively for himself or that the gift would be for the benefit of his branch of the family. If there are express provisions to that effect either in the deed of gift or a will, no difficulty is likely to arise and the which the son would take in such property would depend upon the terms of the grant. If, however, there are no clear words describing the kind of interest which the donee is to take, the question would be one of construction and the court would have to collect the intention of the donor from the language of the document taken along with the surrounding circumstances in accordance with the well-know ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the said will were properties of the HUF consisting of himself, his wife and his sons. On those facts, the Delhi High Court held that the words that the 'rest of the property to be shared equally by two sons' clearly pointed to an intention on the part of the deceased to make it absolute and exclusive to the sons to the extent of their shares and there was no intention of the deceased that the properties shared by the two sons equally should be taken by them as ancestral property in their hands. Accordingly, the properties devolving on the assessee on the death of his father were held by him in his individual capacity. In S. Parthasarthi v. CIT AIR 1967 Mad. 227 the Madras High Court held that the question whether the property in the h ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
