9911796707
TMI Blog1980 (4) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... er held that the deceased was the exclusive owner, and so the entire property passed on his death. The matter was taken up in appeal. The Appellate Controller confirmed the finding of the Asst. Controller. The accountable person took up the matter to the Income-tax Appellate Tribunal. There reliance was placed on s. 6 of the Hindu Succession Act, 1956. The Tribunal held: "In the present case the property had come to the family of the deceased on a partition of the bigger HUF. It was, therefore, joint family property and was treated as such in the income-tax assessments. Merely because the deceased was the sole male coparcener in the family, it would not mean that the character of the property underwent any change. The wife had a right to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest in it by birth, whether they are in existence at the time of partition or are born subsequently. Such share, however, is ancestral property only as regards his male issue. As regards other relations, it is separate property, and if the coparcener dies without leaving male issue, it passes to his heirs by succession." In para. 230 of Mulla's book several categories of properties are mentioned as separate property of the acquirer. They are his self-acquired property. Under cl. (6) is included share on partition, that is, property obtained as his share on partition by a coparcener who has no male issue. Admittedly, Ram Swarup did not have any male issue. He had only his wife and a daughter. In view of the aforesaid statement of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew expressed by the Patna High Court in Hanumanmal Periwal v. CWT [1968] 67 ITR 320 that the assets that are received on partition by a member of an HUF who has no male issue at the time can be said to belong to him absolutely, although they are capable of being owned by an HUF consisting of him and his son or sons that may be born or adopted subsequently. If, on the valuation date for purposes of wealth-tax, there is no other coparcener in existence with such a member, an assessment to wealth-tax in respect of assets so received can be made on him on the basis that he is an individual. Section 6 of the Hindu Succession Act applies to devolution of interest of the deceased in the Mitakshara coparcenary property. It lays down the method o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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