N D HANUMANTHARAYAPPA Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) the question referred to us under the Provisions of the wealth-tax Act, 1957 at the instance of the assessee reads thus:

(2.) the assessee is a hindu undivided family which consisted of the kartha, his wife, five daughters and three sons. Two unmarried sons had died earlier and their share of the joint family property passed on to their mother, jayamma, absolutely. She was being assessed separately for the purpose of wealth-tax in respect of those properties, which devolved on her on the death of the two unmarried sons. She had executed a release deed dated 26-7-1972 stating that she was giving up her rights in the family properties. The relevant sentences in the release deed reads thus:

(3.) the assessee contended that, since jayamma has released her rights in the joint family properties as stated in the release deed, she ceased to be a member of the joint family.