Monday, April 1, 2013

Inheritance of Self-Acquired Property


Inheritence of Self-Acquired Property of father by son

Inheritence of property in Hindu Law is governed by s.8 of the Hindu duration Act, 1956. The question forward us is whether a fathers self- educated property, when passed on to the son through succession, becomes a part of the HUF property or does it retain its previous manikin?

There have been divergent opinions on this question:
unitary View was:
the property inherited by a virile Hindu under Section 8 of the Hindu Succession Act would be his separate property and his sons would not acquire any post by birth in the verbalise property.
This take up was taken by The Allahabad postgraduate apostrophize in CIT v. Ram Rakshpal Ashok Kumar[1], the Madras High Court in Addl CIT v. P. L Karuppan Chettiar[2] the Madhya Pradesh High Court in Shrivallabhdas Modani v. CIT[3] and the Andhra Pradesh High Court in metric hundredweight v. Mukundgirji[4].

Another view, which was contrary to this, was taken by the The Gujarat High Court in the case of CIT v. Dr. Babubhai Mansukhbhai[5]
Here the facts of the case was that the defendants father had died intestate leaving certain loans advanced by him in the depict of his son and his wife. The son got half of the share of the loan and the interest due on it for the assessment years 1966-67 and 1967-68.

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the assessee contended that the income should be assessed as income of the Hindu Undivided Family consisting of the deceased, his son and his wife. Here, it was said that for the Hindus governed by the Mitakshara law, where a son inherited the self-acquired property of his father, the son took it as the union family property of himself and not as his separate property. Same was withal said in in CWT v. Harshadlal Manilat[6]

This was clarified by the Supreme Court in CWT vs. Chander Sen[7] where the earlier view was supported by the SC.
Facts of the case: one Chander Sen inherited an aggregate standing to the credit of his father, Rangi Lal, from whom he had separated by variance in relation to that asset on the death of the...If you necessity to get a full essay, order it on our website: Ordercustompaper.com



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