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of <h1>Property obtained under will deemed separate, not ancestral. Widow and son entitled to equal shares under Hindu Succession Act.</h1> <h3>A Subrahmanyam Versus Commissioner of Income-Tax, AP</h3> The High Court of Andhra Pradesh determined that the property obtained by Sita Ramayya under a will was his separate property, not ancestral or joint ... Family property - Whether the entire income from property and money-lending in this case had been correctly assessed in the status of a Hindu undivided family - Held, no Issues:1. Nature of property in the hands of Sita Ramayya obtained under the will.2. Nature of the estate after Sita Ramayya's death in the hands of his widow and son.Detailed Analysis:The judgment delivered by the High Court of Andhra Pradesh pertains to an income tax matter where the main issue was whether the income from property and money-lending was correctly assessed in the status of a Hindu undivided family. The case involved the property of Atyam Subbiah, who bequeathed his extensive properties to Chinna Sita Ramayya under a will. The court analyzed the nature of this property and concluded that it was separate property in the hands of Sita Ramayya, not ancestral or joint family property. The court referred to legal principles to establish that the property devolved on Sita Ramayya beyond recall, regardless of subsequent events like adoption. The intention of the testator was deemed to be exclusively for the benefit of Sita Ramayya, with unfettered powers of disposition and enjoyment.Regarding the estate after Sita Ramayya's death, the court determined that his widow and son were entitled to equal shares in the property under the Hindu Succession Act. The widow's limited interest was transformed into an absolute right by section 14 of the Hindu Succession Act, as she was in actual possession of the property. The court rejected the income tax authorities' argument that the property was joint family property, emphasizing that the widow and minor son filed their returns as individuals, not as a Hindu undivided family. The court held that the property was not joint family property and, therefore, the assessment in the status of a Hindu undivided family was incorrect. Consequently, the court answered the main question in the negative, ruling in favor of the assessee and awarding costs.
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