1981 (7) TMI 23

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..... 1, by the Income-tax Appellate Tribunal, Indore Bench, stating the case and referring the following question for decision : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the sum of Rs. 34,355 being the credit balance of the assessee's deceased father did not constitute the assessee's separate and individual property and consequently .....

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..... of Rs. 41,129 was divided among Shri Ratanlal, his wife and his sons and the assessee sought partial partition in respect of this capital under s. 171 of the I.T. Act. The ITO rejected the claim on the ground that Nathulal's separate property devolved on his son, Ratanlal, under the provisions of s. 8 of the Hindu Succession Act, 1956, in his individual capacity and not as a karta of his joint f .....

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..... ming into force of the Hindu Succession Act, 1956, or there is a change in the law as a result of s. 8 of the Succession Act has been elaborately considered by us in M.C.C. No. 131 of 1979, Shrivallabhdas Modani v. CIT, decided today: We have held in that case that the property of a Hindu dying intestate after the coming into force of the Hindu Succession Act will devolve on his heirs in accordanc .....

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