Definite and ascertained share in gifted immovable property supports assessment as an individual, not a body of individuals.

A gift deed transferring immovable property to three donees was construed as creating equal shares because it did not specify any unequal division or other contrary stipulation. On that basis, the assessee's 1/3rd share was treated as definite and ascertained, making assessment in the status of an individual proper under section 26 of the Income-tax Act, 1961. The analysis turns on the absence of language displacing equal ownership among the donees, so the share was not regarded as uncertain or collective for tax purposes. Accordingly, the assessee was liable to be assessed as an individual rather than as a body of individuals.

---

---

Issues: Whether the assessee's 1/3rd share in immovable property received under a gift deed from his grandfather was definite and ascertained so as to be assessable in the status of an individual, rather than as a body of individuals, under section 26 of the Income-tax Act, 1961.

Analysis: The gift deed did not specify unequal shares or indicate that the three donees were to take otherwise than equally. In the absence of any contrary stipulation, the shares of the donees were treated as equal. On that basis, the assessee's share was found to be 1/3rd, definite and ascertained. As the share was certain, assessment in the status of an individual was held to be proper.

Conclusion: The assessee's share was definite and ascertained, and he was liable to be assessed as an individual and not as a body of individuals.

---