Inheritance of Self-Acquired Property

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Inheritence of Self-Acquired Property of father by son Inheritence of property in Hindu Law is governed by s.8 of the Hindu Succession Act, 1956. The question before us is whether a father's self-acquired property, when passed on to the son through succession, becomes a part of the HUF property or does it retain its previous form? There have been divergent opinions on this question: One View was: the property inherited by a male Hindu under Section 8 of the Hindu Succession Act would be his separate property and his sons would not acquire any interest by birth in the said property. This view was taken by The Allahabad High Court in CIT v. Ram Rakshpal Ashok Kumar[1], the Madras High Court in Addl CIT v. P. L Karuppan Chettiar[2] the Madhya Pradesh High Court in Shrivallabhdas Modani v. CIT[3] and the Andhra Pradesh High Court in CWT v. Mukundgirji[4]. Another view, which was contrary to this, was taken by the The Gujarat High Court in the case of CIT v. Dr. Babubhai Mansukhbhai[5] Here the facts of the case was that the defendant's father had died intestate leaving certain loans advanced by him in the name of his son and his wife. The son got half of the share of the loan and the interest due on it for the assessment years 1966-67 and 1967-68. the assessee contended that the income should be assessed as income of the Hindu Undivided Family consisting of the deceased, his son and his wife. Here, it was said that for the Hindus governed by the Mitakshara law, where a son inherited the self-acquired property of his father, the son took it as the joint family property of himself and not as his separate property. Same was also said in in CWT v. Harshadlal Manilat[6] This was clarified by the Supreme Court in CWT vs. Chander Sen[7] where the earlier view was supported by the SC. Facts of the case: one Chander Sen inherited an amount standing to the credit of his

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