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february 1993

Supreme Court of India · 1993-02-24

RAM BILAS vs JAGAT NARAIN SHRIVASTAVA

Citation / case number
SC 1976/60977
Court
Supreme Court of India
Petitioner
RAM BILAS
Respondent
JAGAT NARAIN SHRIVASTAVA

Judgment text excerpt

The Supreme Court upheld the Madras High Court's ruling that the assessee's share in the partnership firm constituted separate property under Section 8 of the Hindu Succession Act, following precedents set in CWT v. Chander Sen and CIT v. P.L Karuppan Chettiar. The Court clarified that the partition recorded under Section 25-A of the Indian Income Tax Act, 1922, established the share as individual property, dismissing the appeal with no costs. The decision reinforces the principle that shares obtained post-partition are not joint family property.

RAM BILAS vs JAGAT NARAIN SHRIVASTAVA · Niyam