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TMI Blog1984 (1) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... 76 to 1977-78. The common issue involved in these appeals is whether on the facts and in the circumstances of the case, the AAC erred in holding that the status of an HUF for the assessee is justified. The relevant facts for determination of this issue lie in a narrow compass and are is under. 2. Returns for the assessment years 1975-76, 1976-77 and 1977-78 were originally filed in the status of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e passing of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate devolves according to the provisions of Chapter II of this Act. Section 8 of this Act lays down that the property shall devolve upon the heirs being the relatives specified in Class I of the Schedule and if there is no heir of Class I, then upon the heir being the relatives specified in Class II. The property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2] 138 ITR 673 and another judgment of the same High Court in the case of CIT v. Ratan Lal [1982] 138 ITR 680 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 section 8 and the successors will inherit the property in their individual capacity and not as representing their own HUF. Therefore, the AAC was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... established principles of Mitakshara law". However, 'it is clear from a perusal of section 4 of the Hindu Succession Act' the Court observed : "that the entire Mitakshara law has not been abrogated by the Act but only to the extent the same is inconsistent with the provisions of the Act. If there is a conflict between Mitakshara law and the Act, the provisions of the Act will prevail. Where any fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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