1992 (10) TMI 62

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....AR BHAT J. -This is a reference under section 256(1) of the Income-tax Act, 1961, in respect of the assessment year 1982-83. The three questions referred read as follows : 1. Whether the properties acquired by the assessee absolutely under the will of his father, dated December 14, 1973, constituted joint family property in the hands of the son (assessee 2. Whether the income from the said p....

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....with his sons were bequeathed equally to two sons. The share of the deceased in the business was to be shared by both the sons equally and they were expected to keep the business continuing for ever. The assessee treated the income derived from the property obtained by him under the will as his individual income initially while filing the return. Subsequently, he filed a revised return treating....

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....f the Gujarat High Court reported in CIT v. Dr. Babubhai Mansukhbhai [1977] 108 ITR 417, in the said decision, it was held that where a son inherits the self-acquired property of his father, the son takes it as the joint family property of himself and his son and not as his separate property. The view of the Allahabad High Court in CIT v. Rain Rakshpal, Ashok Kumar [1968] 67 ITR 164 was dissented ....

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....as further contended by learned counsel that, under the will, the intention was to bequeath the property to the unit of the assessee as a joint family. It is not possible for us to accept this submission. A copy of the will produced before us (translated into English) shows that the testator bequeathed the properties specifically to named persons and the assessee was one such named person. No prop....