https://www.taxtmi.com/caselaws?id=9418 A notional partition under Explanation 1 to section 6 of the Hindu Succession Act is confined to determining the deceased coparcener's share and does not, by itself, create an actual partition of Hindu undivided family property for income-tax purposes. Recognition of partition under section 171 of the Income-tax Act depends on statutory requirements being satisfied, including division by metes and bounds where the property is capable of such division. In the absence of a legally recognised partition after the karta's death, the property remained HUF property and capital gains were to be computed on the full sale consideration, without excluding the deceased's share. en-us Fri, 01 Apr 2005 00:00:00 +0530 Mon, 22 Jun 2009 18:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=9418 A notional partition under Explanation 1 to section 6 of the Hindu Succession Act is confined to determining the deceased coparcener's share and does not, by itself, create an actual partition of Hindu undivided family property for income-tax purposes. Recognition of partition under section 171 of the Income-tax Act depends on statutory requirements being satisfied, including division by metes and bounds where the property is capable of such division. In the absence of a legally recognised partition after the karta's death, the property remained HUF property and capital gains were to be computed on the full sale consideration, without excluding the deceased's share. Case-Laws Income Tax Fri, 01 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=9418