9911796707
TMI Blog2013 (7) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... ese appeals are preferred by the Revenue. These appeals involve a common question of law but for different assessment years i.e. 1995-96 to 1998-99 in respect of the very same assessee. The substantial question of law that arise for consideration in these appeals is : Whether the property which is the subject matter of the suit is the property belonging to the Hindu Undivided Family or belonging ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dy, his adoptive son becomes the sole surviving co-parcener. He in turn had distributed the property in favour of his wife and children. There is no registered document evidencing the same. But it is by oral partition which is evidenced by a memorandum of partition dated 6-8-1998. A transaction was entered into by the assessee with the builder for the development of the property. Consideration rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t property was bequeathed in favour of the Nandagopala Reddy, the assessee became the owner of the properties after the death of Laxmaiah Reddy. Therefore, it is a separate property and therefore, the authorities were justified in assessing the income derived therefrom as separate property of the Nandagopala Reddy. We do not find any substance in the said contention. 4. The facts are not in dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... divided Family. He has given a portion of the property to his wife, that is permissible only if it is Hindu Undivided Family. If it is self-acquired property, he should have given that property only by registered document. In that view of the matter, the Tribunal properly appreciating the material produced before the court has rightly came to the conclusion that the property is a joint family prop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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