https://www.taxtmi.com/caselaws?id=393025 Section 6(3) of the Hindu Succession Act, 1956, as amended in 2005, provides that a deceased Mitakshara coparcener's interest in joint family property devolves by succession rather than survivorship, with a deemed partition determining the respective shares. The deceased coparcener's share devolves on the son individually, while the son's own share constitutes the nucleus of a smaller HUF. Accordingly, capital gains on sale of the immovable properties are assessable in the successor HUF only to the extent of its one-half share; the remaining share cannot be assessed in that HUF. Absence of recognised partition under the Income-tax Act does not justify assessing the entire gain in the successor HUF. en-us Tue, 24 Sep 2019 00:00:00 +0530 Wed, 04 Mar 2020 13:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=393025 Section 6(3) of the Hindu Succession Act, 1956, as amended in 2005, provides that a deceased Mitakshara coparcener's interest in joint family property devolves by succession rather than survivorship, with a deemed partition determining the respective shares. The deceased coparcener's share devolves on the son individually, while the son's own share constitutes the nucleus of a smaller HUF. Accordingly, capital gains on sale of the immovable properties are assessable in the successor HUF only to the extent of its one-half share; the remaining share cannot be assessed in that HUF. Absence of recognised partition under the Income-tax Act does not justify assessing the entire gain in the successor HUF. Case-Laws Income Tax Tue, 24 Sep 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=393025