1985 (9) TMI 141

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..... rty income from house property at 59, Mahathma Gandhi Road, Panruti, in the assessment of the HUF. 2. The facts are : Shri Sivasankaran, the karta of the HUF and his brother together with their father and mother constituted an HUF. The HUF possessed several items of property out of which two items were Nos. 59 and 60, Mahathma Gandhi Road. There was a partition of the larger family on 13-10-1970 .....

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..... could not be included because it was his individual property. The ITO did not agree. According to him, since the property was received on partition, the property had the character of an HUF property. The assessee, Shri Sivasankaran, appealed but without success to the AAC. 3. Before me, the learned counsel for the assessee submitted that the property has devolved on Shri Sivasankaran on the dem .....

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..... that it was allotted to a particular member at the time of partition [see in this regard Mulla on Principles of Hindu Law, 15th edn. paragraph No. 303]. In the present case, what has happened is that the life interest in the property, reserving the remainderman's interest to the two sons, went first to the father and afterwards to the mother on partition. At the time of partition itself, the remai .....

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