TaxTMI 
TaxTMI 
1944 (2) TMI 25
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....The facts found by the lower Courts are that D. w. 1 bad two sons, Chenchuraghava Reddi and Subba Reddi. Chenchuraghava Reddi died in 1917 leaving three sons, the plaintiff (his son by the first wife), Subba Reddi (his elder son by the second wife), and defendant 1. Because the wife of D. w. 1, the wife of Subba Reddi, and defendant 3 (the surviving wife of Chenchuraghava Reddi) could not get on t....
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....s below held that be had such a power. They were of opinion that he could do so because he was the grandfather of these three children and because it was a family settlement necessitated by quarrels among the women of the family. 2. That a father can effect a partition of family property so as to effect a division in status between his minor sons is not disputed. One of the questions for decisi....
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....ivision amongst his minor grandchildren as a father has with regard to his minor children. While I am perhaps not strictly bound to follow that decision in this case, I feel that I should do so in the absence of any authority to the contrary. 3. On the facts of this case the partition may be regarded in a somewhat different light. It does not appear that D. W. l took the matter entirely into hi....
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....ses which have held that the mere filing of a suit on behalf of a minor would not effect a severance in status unless the Court subsequently found that a partition would be for the benefit of the minor, he said that where there is a suit for partition on behalf of a minor, the Court stands in the position of a guardian and is bound to exercise its discretion for the benefit of the minor. But if th....