COMMISSIONER OF INCOME TAX Vs. SAHASRANAMAM A R

JUDGEMENT

(1.) THE following question has been referred to this court at the instance of the revenue

(2.) AS is clear from the above question, the reference arises out of three orders of the Tribunal, two under the Wealth -tax Act for the assessment years 1962 -63 and 1963 -64 and another under the Income -tax Act for the assessment year 1962 -63 The assessee was the owner of a house property No. 189 -191, Ramnad Road, Madurai. He executed a will on 6th March, 1961. The house property is referred to in that will in the following manner

(3.) IT is contended before us by the revenue that the will itself can come into effect only on the death of the assessee, that whatever desire he has expressed in the will can only be effective on his death, and that, therefore, during the assessment year the house property cannot be taken to be the property of the Hindu undivided family. It is further contended that even on the terms of the will, it cannot be said that the assessee has impressed the house property with the character of joint family property as on the date of the will and that some of the other clauses in the will dealing with the right of residence of the assessee's wife in the house property appear to be inconsistent with the house property being the joint family property