Partial partition and valid family allotment excluded the mother's share from the assessee's net wealth.

Property originally self-acquired and later thrown into the joint family hotchpot was validly subjected to a partial partition, under which the assessee received a larger share and his mother received the remaining share. On the stated facts, and consistently with the prior view that the partition relating to the same property was legally valid, the share allotted to the mother could not be treated as the assessee's asset for wealth-tax purposes. The mother's share was therefore excluded from the assessee's net wealth.

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Issues: Whether the value of the property at door No. 301, T. H. Road, Madras, allotted to the assessee's mother under the partial partition effected on 27 July 1970 was liable to be excluded from the assessee's net wealth.

Analysis: The property was originally the self-acquired property of the assessee and was thrown into the joint family hotchpot before a partial partition was effected on the same day, under which 2/3 share was allotted to the assessee and 1/3 share to his mother. The Tribunal had earlier treated the partial partition as valid, and the present reference was decided consistently with the prior Division Bench view that the partition relating to the same property was legally valid. On that basis, the share allotted to the mother could not be treated as belonging to the assessee for wealth-tax purposes.

Conclusion: The mother's 1/3 share in the property had to be excluded from the assessee's net wealth.

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