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Issues: Whether, after the death of a coparcener, the balance family property remained assessable in the hands of the Hindu undivided family and whether the Wealth-tax Officer was justified in making a protective assessment instead of a substantive assessment in the individual hands.
Analysis: On the death of the coparcener after the commencement of the Hindu Succession Act, 1956, the deceased's interest in the coparcenary devolved by intestate succession under section 6 of that Act. The share that so devolved became the individual property of the heirs, but the remaining family property continued with the surviving members as a Hindu undivided family. A finding of partition for purposes of section 20 of the Wealth-tax Act, 1957 could be recorded only in the assessment proceedings of the Hindu undivided family itself, after the statutory inquiry and satisfaction of the Wealth-tax Officer. Since no such assessment proceedings of the family were before the appellate authority, the direction to make a substantive assessment in the individual hands was not justified.
Conclusion: The protective assessment made by the Wealth-tax Officer was upheld and the direction to assess substantively in the individual hands was set aside.
Ratio Decidendi: Devolution of the deceased coparcener's interest by succession does not by itself disrupt the surviving Hindu undivided family, and a declaration of partition for wealth-tax purposes can be recorded only in the family's own assessment proceedings under section 20 of the Wealth-tax Act, 1957.
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