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.