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TMI Blog1994 (7) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee from Hindusthan Saw Mill and from contract works. In respect of income from house property, the Income-tax Officer mentioned that the assessee had shown Rs. 9,500 as income from other sources. This related to the rent in respect of a hangar (godown) let out to the supply department. The income was computed at Rs. 14,583. There was another property stated to be in the name of the wife of the karta, Smt. Ganga Devi. The Assessing Officer mentioned that the assessee-Hindu undivided family consisted of the karta, Smt. Ganga Devi Malpani, mother of the karta, and Smt. Ganga (sic) Devi Malpani, wife of the karta. There were also four minor sons and one minor daughter at the relevant time. The Income-tax Officer mentioned that the family ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e hands of the Hindu undivided family. Thereafter, the assessee filed an application for referring certain questions of law. However, the Appellate Tribunal refused to refer the questions under section 256(1). Situated thus, the petitioner filed C. R. Nos. 15 to 20(M) of 1977 and 68(M) of 1977. This court, after hearing the parties, directed the Appellate Tribunal to submit a statement with the following question : " Whether the Tribunal was right in holding that the gift of immovable property was void and the income therefrom was assessable in the hands of the assessee-Hindu undivided family ? " Heard Dr. A. K. Saraf, learned counsel for the assessee, and Mr. D. K. Talukdar, learned standing counsel for the Income-tax Department. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guardian in contravention of sub-section (1) or sub-section (2) shall be voidable at the instance of the minor or any person claiming under him. This court further observed that if the karta alienated the property of a Hindu undivided family including the interest of the minor for the benefit of the estate or for legal necessity such alienation is valid. The court also held that even if the transfer was not for legal necessity or for the benefit of the estate, the transfer by the karta would be only voidable and not void ab initio. Therefore, the trust was valid and the settlement of the trust properties had been legally made. From the ratio of the above decision, if the property is alienated by the karta without any legal necessity or fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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