Amendment made by Finance (No. 2) Act, 1980.

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... about the disruption of the joint family properties in exercise of his superior right as father or of his right as patria potest as is recognised in ancient Hindu Law; it is also well settled by judicial decisions that partial partition of a HUF qua some properties or qua some members is permissible and valid in law. The Supreme Court also held that, if the father, in exercise of his superior righ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t as is subject to the right of the sons to challenge the partition by way of appropriate proceedings if the partition is not fair and just. 2. The said judgement has settled one of the judicial controversies that was pending before the Supreme Court. The ratio of this judgement will, however, be applicable to assessments upto the assessment year 1979-80, since the amendment made by the Finance ( .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X