1994 (4) TMI 58

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..... ding that the agricultural lands and accumulated income received at the time of partition of Hindu undivided family were the individual properties of Shri Sohanlal Kukar and not of Hindu undivided family consisting of Shri Sohanlal Kukar, his wife and minor daughters?" The brief facts of the case are that the Hindu undivided family (bigger) consisted of Sohanlal Kukar, karta, Smt. Inder Kukar, wife, Sunil Mohan Kukar and Ramesh Raman Kukar, sons and Miss Sudha and Rainu Kukar, daughters, possessed certain agricultural properties. A partial partition with reference to the agricultural lands was made on December 13, 1963. According to the partial partition, the land was divided and the income arising from these agricultural lands was kept i .....

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..... held that it has to be considered to be his individual property. Article 340 of Mulla's Hindu Law reads as under : " The effect of a partition is to dissolve the coparcenary, with the result that the separating members henceforth hold their respective shares as their separate property and the share of each member will pass on his death to his heirs. But if a member while separating from his other coparceners, continues joint with his own male issue, the share allotted to him on partition will in his hands retain the character of a coparcenary property as regards the male issue." The Wealth-tax Officer also came to the conclusion that the wife of the assessee was given her share in the agricultural land on partition of the Hindu undivide .....

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..... y the members on such partition would retain its character as individual property. There may be other assets of the Hindu undivided family which have not been partitioned, the income therefrom shall continue to be Hindu undivided family income in spite of this partial partition of the assets, namely, agricultural land, or income accrued therefrom and capital of the Hindu undivided family of the firm, Sohanlal and Sons. The assets which have once been given to an individual on partition retains its character as such. In these circumstances, we are of the opinion that the Income-tax Appellate Tribunal was justified in holding that the agricultural lands and accumulated income received at the time of partition of the Hindu undivided family wer .....

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