https://www.taxtmi.com/caselaws?id=9142 Property received under a trust settlement or a will retains the character intended by the instrument, and the decisive question is whether the document shows an intention to create separate property or family property. Here, the trust deed expressly gave the sons equal shares for their own absolute use and benefit, and the will, read as a whole, did not impose any restriction indicating that the income belonged to the joint family estate. Blending with Hindu undivided family property requires clear and voluntary abandonment of separate rights and an unequivocal throwing of the property into the common stock; mere common banking, mixed entries, or lack of separate accounts is insufficient. On these principles, the income was not assessable as HUF income. en-us Fri, 21 Dec 1973 00:00:00 +0530 Fri, 19 Jun 2009 17:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=9142 Property received under a trust settlement or a will retains the character intended by the instrument, and the decisive question is whether the document shows an intention to create separate property or family property. Here, the trust deed expressly gave the sons equal shares for their own absolute use and benefit, and the will, read as a whole, did not impose any restriction indicating that the income belonged to the joint family estate. Blending with Hindu undivided family property requires clear and voluntary abandonment of separate rights and an unequivocal throwing of the property into the common stock; mere common banking, mixed entries, or lack of separate accounts is insufficient. On these principles, the income was not assessable as HUF income. Case-Laws Income Tax Fri, 21 Dec 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=9142