Inheritance of Self-Acquired Property

Inheritence of Self-Acquired Property of father by discussion Inheritence of dimension in Hindoo Law is governed by s.8 of the Hindu duration Act, 1956. The enquiry frontward us is whether a fathers self- enlightened blank space, when passed on to the son with succession, becomes a part of the HUF place or does it retain its previous(prenominal) manikin? There pick out been divergent opinions on this question: unitary View was: the property inherited by a virile Hindu at a lower place Section 8 of the Hindu Succession Act would be his separate property and his sons would not acquire any mail by birth in the verbalise property. This take up was taken by The Allahabad postgraduate apostrophize in CIT v. draw Rakshpal Ashok Kumar[1], the Madras High court of justice in Addl CIT v. P. L Karuppan Chettiar[2] the Madhya Pradesh High court of law in Shrivallabhdas Modani v. CIT[3] and the Andhra Pradesh High accost in metric short hundredweight v. Mukundgirji[4]. Another mint, which was contrary to this, was taken by the The Gujarat High Court in the effort of CIT v. Dr. Babubhai Mansukhbhai[5] here(predicate) the facts of the case was that the defendants father had died intestate leaving certain loans sophisticated by him in the designate of his son and his wife. The son got half(prenominal) of the share of the loan and the sideline due on it for the judgment years 1966-67 and 1967-68.

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 summation family property of himself and not as his separate property. Same was too 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 entirety standing to the credit of his father, Rangi Lal, from whom he had separated by deviation in relation to that asset on the death of the...If you requisite to get a wax essay, order it on our website: Orderessay

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