TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether, after the death of the karta of a Hindu undivided family governed by the Hindu Succession Act, 1956, the HUF property stood reduced by the deceased's notional share so that capital gains were to be computed only on the balance property.
Analysis: Section 6 of the Hindu Succession Act, 1956 provides that where a male Hindu dies leaving an interest in Mitakshara coparcenary property and female relatives or specified male relatives are present, the deceased's interest devolves by intestate succession and not by survivorship. The interest is deemed to be the share that would have been allotted on a partition immediately before death. On that basis, the deceased karta's share became fixed and devolved on his heirs, while the remaining coparceners continued as the HUF. The property thereafter was held partly by the HUF and partly by the heirs as tenants-in-common. The reasoning supported the view that the deceased's one-third share could not be treated as HUF property for computing the capital gains of the family.
Conclusion: The capital gains were rightly to be computed only on the reduced HUF property, excluding the deceased karta's one-third share.
Ratio Decidendi: Where section 6 of the Hindu Succession Act, 1956 applies, the deceased coparcener's interest is notionally carved out immediately before death and devolves on the heirs, while the HUF continues in respect of the remaining property.
TaxTMI 
TaxTMI 
