1981 (7) TMI 23

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..... 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 in directing the ITO to accept the partition ? " Facts as .....

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..... 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 family. He, therefore, held that the sum of Rs. 34,355 did n .....

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..... ere 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 accordance with s. 8 of the Act and the successors will inherit t .....

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