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march 1983

Supreme Court of India · 1983-03-03

APOORVA SHANTILAL SHAH vs COMMISSIONER OF INCOME TAX GUJARAT I, AHMEDABAD

Citation / case number
SC 1982/63796
Court
Supreme Court of India
Petitioner
APOORVA SHANTILAL SHAH
Respondent
COMMISSIONER OF INCOME TAX GUJARAT I, AHMEDABAD
Author
AMARENDRA NATH SEN
Bench
AMARENDRA NATH SEN

Judgment text excerpt

The Supreme Court held that a partial partition of joint family properties by a father between himself and his minor sons is valid under Hindu Law and the Income Tax Act, 1961, specifically Section 171. The Court clarified that while the father has the right to effect such a partition, it must be done bona fide and is subject to challenge by the sons if deemed unfair. The High Court's ruling that the father lacks authority for partial partition was overturned, affirming the father's rights under ancient Hindu Law.

APOORVA SHANTILAL SHAH vs COMMISSIONER OF INCOME TAX GUJARAT I, AHMEDABAD · Niyam