# COMMR. OF WEALTH TAX, MADRAS & ORS v. LATE R. SRIDHARAN BY L.Rs

- **Citation:** [1976] Supp. 1 S.C.R. 478
- **Court:** Supreme Court of India
- **Decided:** 1976
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/commr-of-wealth-tax-madras-ors-v-late-r-sridharan-by-l-rs-7148
- **Pages:** 8

## Headnote

478
A
COMMR. OF WEALTH TAX, MADRAS & ORS.
v.
LATE R. SRIDHARAN BY L.Rs.
April 29. 1976
,B . [A. N. RAY. C.J .• 1\1. H. BEG, R. s. SARKARlA, P. N. SIIJSGAL Atf[)
JASWANT SINGH, JJ.l
~D
,E
:F
~G
Special 11.14rr1ag6.A.ct, 1954, Sec. 21-.Marriage betweell llindu assesue !I."'cl
Cl1ristian female-Whether issue is a Hindu governed by Hindu Law .
. The late' R. Sridharan married Rosa Maria. Steinbichler, a christi:tn of
Austrian descent. under the Special M:.rriage Act. 1954 and a son Nicolu
Sundaram was born out of the . wedlock. In the assessment proceedin.gs in
respect of income tax, wealth ta:t and expenditure tax. Sridharan claimed t<>
be assessed in the status of a member of Hindu Undivided F;unily consisting
of himself and his son, contending that n.c prop<:rty held by him wa.~ ancestral
and Nicolas Sundaram was a Hindu. The officers dealing with these taxes
rejected the contention and assessed him as :m "individual" on the ground
that succession to the property of a person married under the Special Marriage
Act, 1954, is governed by the Indian Succession. Act, 1925 and not by ordin:u-y
Hindu Law and Nicolas Sundaram could not become a member of Hindu
Undivided Family with his father. These orders were affirmed by the Appellate
Assistant Commission··• ~rJ the Appellate Tribunal in appeals by Sridiur:m
against the assessmen<:;.
On further app!ications made by
Sridharan,
!he
Income Tax Appellate Tnounal referred the matter to the Hi~=:h Court which
decided in favour of Srldharan but Jrr<Ultcd a certificate of fitness. Meanwhile,
Sridharan died, and his widow filed wealth tax returns, claiming the s::ttw
of a member of Hindu Undivided Family. The Revenue authorities followed
th-eir earlier decisions, and ultimately the matter was referred to the High Cowt
which decided in favour of respondent Mrs. Sridharan, but granted leave to
· appeal to this Court.
·
· Dismissing the appeals, the Court,
HELD : {l) Under the codifying Acts, the orthodox concept of the crm
"Hindu" has undergone a radie3l change ,and it has been given an extended
meanin.e;. The Acts not only apply to Hindus but also to a lar~e number liilf ·
other persons. Any child legitimate or illegitimate, one of whose parents is
a Hindu by religion and who is brought up as a Hindu, is a Hindu. [478D-EI
(2) Section 21 of the ·special Marriage Act has no bearing on the present
case. The section does not in any ow'ay impair or alter the joint family s~ructure
between an assessee and his son. Nor docs it affect the discretion vested in
a Hindu a~sessee to treat his properties as joint family properti<!s by taking
· into his fo1d his Hindu sons so as to constitute: joint family prbpertics .. [H9A-C]
Slrasiri Yagnapurushdasii & ·ors. v. Muldas Bhundardas Vaislzya and A"r.,.
AIR 1966 S.C. J119; Blzagwan Koa v. J. C. Bose & Ors. (1904) ILR 31 C::.l.
11; Lint:appa v. Emdasan (1904) 27 MaJ. 13;1\.fotlrey Anja Ratna Raja Kumar
v. Koney Narayana Rao & Ors. AIR 1953 SC 433 and Ananthaya v. Vi_,rr"u
17 Mad. 160, referrrJ to.
\Yebstc"rs' 3rd New Jnternat:onal Dictionary cf the Enyli-;h
Lnn~c::,gc;
Encyclopaedia Britannica (15th Edn.): Gitarahasya by n. G. Ti!~,k l'ri::ctpks
of Hindu Law (14th Edn.) pp. 671 and chap. I para 6 by. :\f:rlla, and lii::h
Law & Usage (ltth"EJa.) pp. 2_90 by 1\Iayne, rcf~rred to.·
CML APPELLATE JURisnrcno:-l': Civil Appeal Nos. 1399 to 14.03
of 1970.
·
·
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•
•
••
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C.W.T. v. R. SRIDHARAN (Jaswant Singh, 1.)
479
Appeal from the Judgment and Order dated 20th December f96S
A
of the Madras High Court in Tax Case No. 314/64 (Reference No. 82
.of 1964) and
Civil Appeal No. 301 of 1974
Appeal from the Judgment and order dated 3rd April1972 of the
'Madras .f!igh Coun in Tax Case No. 328 of 1966 (Reference No.
B
~88/66) .
S. T. Desai, 1. Ram.amurthi; for the appellant (In CA 1399-1403
;.
.of 1910).
j
..
$. Swcuninmhan, Mrs. S. Gopalakrislman for the Respondent in all
.the appeals.
c

## Text

478
A
COMMR. OF WEALTH TAX, MADRAS & ORS.
v.
LATE R. SRIDHARAN BY L.Rs.
April 29. 1976
,B . [A. N. RAY. C.J .• 1\1. H. BEG, R. s. SARKARlA, P. N. SIIJSGAL Atf[)
JASWANT SINGH, JJ.l
~D
,E
:F
~G
Special 11.14rr1ag6.A.ct, 1954, Sec. 21-.Marriage betweell llindu assesue !I."'cl
Cl1ristian female-Whether issue is a Hindu governed by Hindu Law .
. The late' R. Sridharan married Rosa Maria. Steinbichler, a christi:tn of
Austrian descent. under the Special M:.rriage Act. 1954 and a son Nicolu
Sundaram was born out of the . wedlock. In the assessment proceedin.gs in
respect of income tax, wealth ta:t and expenditure tax. Sridharan claimed t<>
be assessed in the status of a member of Hindu Undivided F;unily consisting
of himself and his son, contending that n.c prop<:rty held by him wa.~ ancestral
and Nicolas Sundaram was a Hindu. The officers dealing with these taxes
rejected the contention and assessed him as :m "individual" on the ground
that succession to the property of a person married under the Special Marriage
Act, 1954, is governed by the Indian Succession. Act, 1925 and not by ordin:u-y
Hindu Law and Nicolas Sundaram could not become a member of Hindu
Undivided Family with his father. These orders were affirmed by the Appellate
Assistant Commission··• ~rJ the Appellate Tribunal in appeals by Sridiur:m
against the assessmen<:;.
On further app!ications made by
Sridharan,
!he
Income Tax Appellate Tnounal referred the matter to the Hi~=:h Court which
decided in favour of Srldharan but Jrr<Ultcd a certificate of fitness. Meanwhile,
Sridharan died, and his widow filed wealth tax returns, claiming the s::ttw
of a member of Hindu Undivided Family. The Revenue authorities followed
th-eir earlier decisions, and ultimately the matter was referred to the High Cowt
which decided in favour of respondent Mrs. Sridharan, but granted leave to
· appeal to this Court.
·
· Dismissing the appeals, the Court,
HELD : {l) Under the codifying Acts, the orthodox concept of the crm
"Hindu" has undergone a radie3l change ,and it has been given an extended
meanin.e;. The Acts not only apply to Hindus but also to a lar~e number liilf ·
other persons. Any child legitimate or illegitimate, one of whose parents is
a Hindu by religion and who is brought up as a Hindu, is a Hindu. [478D-EI
(2) Section 21 of the ·special Marriage Act has no bearing on the present
case. The section does not in any ow'ay impair or alter the joint family s~ructure
between an assessee and his son. Nor docs it affect the discretion vested in
a Hindu a~sessee to treat his properties as joint family properti<!s by taking
· into his fo1d his Hindu sons so as to constitute: joint family prbpertics .. [H9A-C]
Slrasiri Yagnapurushdasii & ·ors. v. Muldas Bhundardas Vaislzya and A"r.,.
AIR 1966 S.C. J119; Blzagwan Koa v. J. C. Bose & Ors. (1904) ILR 31 C::.l.
11; Lint:appa v. Emdasan (1904) 27 MaJ. 13;1\.fotlrey Anja Ratna Raja Kumar
v. Koney Narayana Rao & Ors. AIR 1953 SC 433 and Ananthaya v. Vi_,rr"u
17 Mad. 160, referrrJ to.
\Yebstc"rs' 3rd New Jnternat:onal Dictionary cf the Enyli-;h
Lnn~c::,gc;
Encyclopaedia Britannica (15th Edn.): Gitarahasya by n. G. Ti!~,k l'ri::ctpks
of Hindu Law (14th Edn.) pp. 671 and chap. I para 6 by. :\f:rlla, and lii::h
Law & Usage (ltth"EJa.) pp. 2_90 by 1\Iayne, rcf~rred to.·
CML APPELLATE JURisnrcno:-l': Civil Appeal Nos. 1399 to 14.03
of 1970.
·
·
..
. ~
•
.....
~
·
•
•
••
I '
..
C.W.T. v. R. SRIDHARAN (Jaswant Singh, 1.)
479
Appeal from the Judgment and Order dated 20th December f96S
A
of the Madras High Court in Tax Case No. 314/64 (Reference No. 82
.of 1964) and
Civil Appeal No. 301 of 1974
Appeal from the Judgment and order dated 3rd April1972 of the
'Madras .f!igh Coun in Tax Case No. 328 of 1966 (Reference No.
B
~88/66) .
S. T. Desai, 1. Ram.amurthi; for the appellant (In CA 1399-1403
;.
.of 1910).
j
..
$. Swcuninmhan, Mrs. S. Gopalakrislman for the Respondent in all
.the appeals.
c
The Judgment of the Court was delivered by
IASWANT SINGH, J.
These ap~ls Nos. 1399 to 1403 of 1970
.and 301 of 1974 by certificates granted by the High Court of Madras
shall be diSposed of together by this judgment as they raise common
question of law and fa~t.
The circumstances giving rise to thes'< appeals are : The late R.
Sridharan along with his father a!J.d brothers constituted a Hindu undivided family governed by Mitakshara law. On June 28, 1952, while
he was still unmarried, a partition took place between him, his brothers
and his father.
As a result of this partition, a block of shares in T. V.
Sundaram Iyengar and Sons Private Limited and three other limited
companies fell to his share.
On June 14, 1956, Sridharan married
Rosa Maria Steinbchler, a Christian woman of Austrian descent, under
the Special Marriage Act, 1954. On November 29, 1957, a son
named Nicolas Sundaram was born out of this wedlock. For the
assessment years 1957-58, and 1958-59, Sridharan was assessed to
income tax and wealth tax in the status of an 'individual' on his own
declaration to that effect. In the assessment proceedings in respect of
income tax and wealth tax for the assessment years 1959-60, 1960-61
.and 1961-62 and in the assessment proceedings under the Expenditure
Tax Act for the year 1961-62, he claimed to be assessed in the status
of a member of Hindu undivided family consisting of himself and his
son, Nicolas Sundaram, contending that the property held by him was
ancestral and Nicolas Sundaram was a Hindu. The Income Tax
Officer; Wealth Tax Officer and Expenditure Tax Officer refused to
accede to the contention of Sridharan and assessed him in the status
of an 'individual' as in the previous years on the grounds lhat the value
of the shares and other investments standing in his name being his
exclusive properties and by virtue of section 21 of the Special Marriage.
Act, 1954, succession to tl}e property of a person whose marriage has
been solemnized under that Act being governed by the Indian Succession Act, 1925, and not by the ordinary Hindu law, Nicolas Sundaram
could not become a member of Hindu undivided family with his father.
Sridharan thereupon went up-in appeal to the Appellate Assistant Com-
.missioner but remained tmsuccessful.
The orders-passed by the Tncome
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Ta~/Wealt~ ~ax/Expenditure Tax Ofti~ers and the Appellate Assis-
·tant CommiSSIOner were also affirmed m appeals against the . assessments respectively made under the Income-tax Acf, Wealth Tax Act
and the Expenditure Tax Act by the Appellate Tribunal. In the course
of its consolidated order rejecting the appeals, the oappellate Tribunal
observed that although section 21 of the Special Marriage Act preserved some of the rights in the family property of the children born
out of marriage solemnized under that Act, it did not clothe such offspring with the character of Hindus and therefore, there wa..c: rio Hindu
undivided family of Sridharan and his son which could claim to be
taxed as Hindu undivided family.
Thereafter on the applications made by Sridharan under section
27(1) of the Wealth Tax ~ct, section 66(1) of the Income-tax Act
and section 25 ( 1) of the Expenditure Tax Act, the Income-tax Appellate Tribunal referred the following common question of law 'arising
from its aforesaid decision for the opi!nion of the High CouJ1 :-
"Whether, on the facts and in the circumstances of the
case, the assessee and his son constituted a Hindu undivided
family for purposes of assessment under the Income-tax,
Wealth-tax and Expenditure-tax Acts?"
The High Court following the decision of this Court in Gowli
Buddanna v. Commissioner of Income-tax(!) held that Sridbaran's
claim to be reckoned as Hindu undivided family was well merited and
the Tribunal was in error in holding that there was no Hindu undivided
family of Sridharan and his son which could claim to be assessed and
taxed as such either under the Income-tax Act, or Wealth Tax. Act ot
the Expenditure Tax Act.
The High Court accordingly answered the
question in the affirmative but granted certificate of fitness for appeal
to this Court.
G
Sridharan died on April 9, 1962. A few days after the valuation
date relevant for the assessmentyear 1963-64, his widow Mrs. Rosa
Maria Steinbchler filed a wealth- tax return claiming that the assessment for the assessment year 1962-63 should be made in the status of
Hindu undivided family.
The Wealth Tax Officer following hi<; earlier
decision in the assessment proceedings in respect of . the previous years
rejected the claim of Rosa Maria Steinbchler holding that sbe was not
a Hindu and in any case since her marriag_e with Sridharan was under
the Special Marriage Act, 1954, Nicolas Sundaram had no right by
birth in the properties obtained by the assessee on partition. · He further held that Nicolas Sundaram could claim Sridharan·s property only
under the Indian Succession Act, 1925 and not under the Hindu Jaw.
On appeal, the Appellate Assistant Commissioner affirmed the order of
the Wealth Tax Officer. A further appeal was preferred to the Appellate Tribunal but that to9 proved abortive,_ The Tribunal,
howe~r.
referred the following question of Jaw for the opimon of the High
Court:-
H
(l) [1966] 60 I.T.R. 293.
•
C.W.T. v. R. SRIDHARAN (JaswanrSingl~, l.)
-48!
"Whether the assessee~ Sridhanin and his son constituted '
in law a Hindu undivided fariilly' fo!" the. P!lrpose of assess
4
ment under the Wea~th·tax ~.;~t~. 1957 ?", -
· ·· .. ' · '
. The High Co~rt a~wered the question in the affirmative i.e.
· against the Revenue observing that the decision in the previous reference directly governed the facts of- the fresh reference. ··
·
Aggrieved by. this order _of -the High Court, the appellant· .. applied
and obtained leave to appeal to this Court under section ~29(1) ·of the
Wealth-tax Act, 1957 and Article 133(1) (c) of the ' Constitution of
India. 'This is how the appeals are befor~ us.
. .
Counsel appearing for the appellants and respondents have repeated before us. the contentions respectively advanced on· behalf of the
parties before the _High Court.
·
·
'
_
It cannot be d_isputed that a joint Hindu family consists of all perc
sons lineally descended from a common ancestor and includes their
wives and unmarried daughters, It cannot also be dispuled that property obtained .by· Sridharan on partition between ' his
father - and
D
brothers could become a·ncestral property so far as his sons, grandsons .
and great grandsons were concerned. who could according to Mitakshara law acquire an interest therein by birth.
· The sole question' which, however, falls for our consideration in
these appeals is whether Nicolas Sundaran is a lfmdu · governed by
Hindu law. It is a matter of common knowledge that Hinduism
E
embraces within itself so many diverse f()rms of beliefs, faiths, practices and worship that it is· difficult to define. the term · 'Hindu' with
precision.
·
. .
·
The historical and etymological genesis of the word "Hindu" has
been succinctly ·explained by Gajendragadkar, C.J.' in Shastri Yagnapurushdasji & Ors. v. Muldas Bhundardas Vaishya & Anr.(1 ).
F
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In Unabridged Edition of Webster's Third New _.International Dic
4
tionary of the English language, the term 'Hinduism' has been defined
as meaning ''a :complex body , of social, cultural, and religious beliefs
and practices evolved in and la~gely confined to the Indian subcontinent·
and ·marked by a caste system, an outlook tending to view all forms
and theories as aspects of one eternal being and truth, a
belief in
G
ahimsa, karma, dharma, sansara, and moksha, and the practice of the
way of works, the way of knowledge, or the way of devotion as the
means of release from the bound of rebirths;-the wayof fife and form
of thought of a Hindu".
·
In Ency~lopaedia Britannica (lSth Edition): .th~ terni 'Hinduism'
has been defined as meaning '.'the civilization of Hindus. (originally,
the inhabitants of the land of the Indus ,River) ... It properly denotes
the Indian civilization of approximately the last 2,000 years, which
!
~
.
(1) A.l.R.1966S.C.1119.
33-833 SCI/76
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SUPREME COURT REPORTS
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gradually evolved from Vedism, the religion of the ancient Indo-European peoples who settled in India in the last centuries of the 2nd
milleD.I).ium BC. Because it integrates a large variety of heterogeneous elements, Hinduism constitutes a vecy COJDplex but largely continuous whole, and since it covers the whole of life, it has religious,
social, economic, literacy, and artistic aspects.
As a religion, Hinduism
is an utterly diverse conglomerate of doctrines, cults, and way of lite
• • . . In principle, Hinduism incorporates all fo~ of belief and worship without necessitating the selection or elimination of any. The
Hindu is inclined to revere the divine in every manifestation, whatever
it may be, and is doctrinally tolerant, leaving others-including both
Hindus and non-Hindus-whatever creed and worship practices suit
them best.
A Hindu may embrace a non-Hindu religion without
ceasing to be a Hindu, and since the Hindu is disposed to think synthetically and to regard other forms of worship, strange gods, and
divergent doctrines as inadequate rather than wrong or objectionable,
he tends to believe that the highest divine powers complement each
other for the well-being of the world oand
mankind. Few religious
ideas are considered to be finally irreconcilable. The core of religion
does not even depend on the existence or non-existence of God or on
whether there is one god or many. Since religious truth is said to
transcend all verbal definition, it is not conceived in dogm<dc terms.
Hinduism is, then both a civilization and a conglomerate o{ religions,
with neither a beginning, a· founder, nor· a central· authority, hierarchy,
or organization. Every attempt at a specific definition of Hinduism
bas proved unsatisfactory in one way or another, the more so because
the finest Indian scholars of Hinduism, including Hindus themselves, _
have emphasized different aspects. of the whole".
•
In his celebrated treatise "Gitarahasaya", B.G. Tilak has given the
r
following broad description of the Hindu rel~gion :-
"Acceptance of the Vedas with reverence; recognition of
the fact that the means or ways of salvation are diverse; and ·
realisation of the truth that the number of gods to be worshipped is large, that indeed is the distinguishing feature of
Hindu religion".
In Bhagwan Koer v. 1. C. Bose & Ors.(J) it was held that Hindu
·religion is marvellously catholic and ~lastic_. . Its theology is m3!1ced
by eclecticism and tolerance and almost unhmtted freedom of prtvate
worship.
Its social code is much more stringent, but ~mongst its different castes and sections, exhibits wide diversity of practice. No trait
is more marked of Hindu society in general than its herror of using
the meat of the cow.
This being the scope and ·nature of the religion, if is not strange
that it holds within its fold men ·of divergent vie~ and traditions who
have very little in common except a vague faith in what may be called
the fundamentals of the Hindu religion. ·
..
(1) [1904) I.L.R. 31 Cal. 11.
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C.W.T. V. R. SRIDHARAN (Jaswant Singh, 1.)
483
'. ·-...
It will be advantageous at this stage to refer to page 671 of Mulla's
A
Principles of Hindu Law (Fourteenth Edition), where the position is
stated thus :-
"The word 'Hindu' does not deno~e any particular religion or community. During the last hundr~d years and more
it has been a nomenclature used to . refer comprehensively to
various categories of people for purposes of personal law.
It has been applied to dissenters and non-comformists and
even to those who have entirely repudiated Drahminism. It
has been applied to various religious sects and bodies which
at various periods and in circumstances develop_ed out of or
split off from, the Hindu system but whose members have
nevertheless continued to live under the Hindu law and the
Courts have generally put a liberal construction upon enactments relating to the personal laws applicable to Hindus".
.
.
In paragraph 6 of Chapter I of Mulla's aforesaid Treatise, the
following have been enumerated as persons to whom Hindu law
applies:-
B
c
"(i) not only to Hindu by birth, but also to !findus by.
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religion, i.e. converts to Hinduism;
(ii) to illegitimate children where
both parents are
Hindus;
(iii) to 'illegitimate children where the father is a Christian and the mother is a Hindu .. and the children are
brought up as Hindus. But tbe Hindu law of coparcenary, which contemplates the father as the head of
the family and the sons as coparceners by birth with
rights of survivorship, cannot from the very nature of
the case apply to such children;
(iv) to Jains, :Buddhists in India, Sikhs and Nambudri
Brahmins except so far as such law is varied by cus:..
tom and to Lingayatwhoare considered Sudras;
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"'"· .... , .. : (v) ·to a Hindu by birth who, having renounced Hinduism,
·
bas reverted to it after performing the religious rites
of expiation and repentence. Or even without a
formal ritual of reconversion when lie was recognised
as a Hindu by his community;
(vi) to sons of Hindu dancing girls of the Naik ··caste
converted to Mahomedanism, where the sons are taken
into the family of the Hindu· grandparents and are
brought up as Hindus;· · , ...
,
.
.
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{vii) to Brahmos; to Arya Samajists; arid to Santhals of
Chota Nagpur and also to Santhals of Manbhum
except so far as it is not varied by cuLtom; and
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(viii) to Hindus who made a declaration that they were
not Hindus for the purpose of the Special Marriage
Act, 1872."
This enumeration is based upon d~cisions of various courts relatin(T
to old uncodified Hindu law.
~
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B
In Lingappa v. Esudasen(l) which related to maintenance, it was
held that Hmdu law does not apply to the illegitimate children of a
Hit;tdu f~~er ?Y ~ Christian mother who are ~rought up as Christians.
~
Thts dectston mdtrectly leads to the conclusion that legitimate children
~. }
of a Hindu father by a Christian mother who are brought up as Hindus
would be governed by Hindu law.
C
In Mothey Anja Ratna Raja Kumar v. Koney Narayana Rao &
Ors. (1) whole approving the observations made in Ananthaya v.
Vishnu(S) this Court inter alia held that under the Mitakshara law, an
illegitimate son is e)ltitled to manitenance as long as he, lives, in recognition of his status as a member of his father's family.
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Under the codifying Acts namely the Hindu Marriage Act, 1955,
the Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act, 1956,
the orthodox concept of the term 'Hindu' has undergone a
radical
change and it has been given an extended meaning.
The aforesaid ·
codifying Acts not only apply to Hindus by birth or religion i.e.
to
converts to Hinduism but also to a large number of other persons.
According to explanation (b) to section 2 ( 1) of the Hindu Succession
Act, 1956, Hindu Adoption and Maintenance Act, 1956 and Hindu
lVfarriage Act, 1955 as also according to explanation (ii) to section
3 ( 1) of the Hindu Minority and Guardianship Act, 1956, any child
legitimate or illegitimate, one of whose parents is a Hindu by religion
and who is brought up as a Hindu is a Hindu.
In the present case, Sridharan is a Hindu by birth and was
lawfully married to Rosa Maria Steinbchler. Even after his marriage, he
did not renounce Hinduism but continued to profess that religion.
Having been begotten out of the aforesaid valid and lawful wedlock.
Nicolas Sundaram is a legitimate child and lineal descendant of Sridha~
ran.
There is no material on the record to show that Nicolas Sundaram was not brought up as a Hindu or that he did not conform to the
habits and usages of Hinduism or that he was not recognised as
a
Hindu by the society surrounding him or that he became a convert to
another faith.
Sridharan has also unequivocally acknowledged and
expressly declared that he and his son, Nicolas Sundaram formed a
Hindu undivided family.
This declaration in the circumstances is
sufficient, as also found by the High Court, to establish that Nicolas
Sundaram was brought up as a Hindu member of the family to wlJich
his father belonged.
At page 290 of his Treatise on Hindu Law,
and Usage (Eleventh Edition), Mayne says that a child i!l
Indi~,
under ordinary circumstances, must be presumed to have hrs father s
(1) [19041 27 Mad. 13. (2) A.I.R. 1953 S.C. 433.
(3) 17 Mad. 160.
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C.W.T. v. R. SRIDHARAN (Jaswant Singh, !.)
485
religion, and his correspondin.g civil and social status.
He, thereA
fore, have no hesitation in holding that Nicolas Sundaram is a Hindu
and he could validly be a member of the Hindu undivided family headed
by his father and be governed by Hindu law.
Section 21 of the Special Marriage Act which has been heavily
relied upon by the Revenue has, in our opinion, no bearing on the
present case.
That section provides that succession to the property
B
of a person whose marriage has been solemnized under the Special
Marriage Act, 1954 and the property of the issue of such marriage
shall be governed by the provisions of the Indian Succession Act
(XXXIX of 1925). In other words, the section guarantees inter
alia to the issue of the person whose marrioage has been solemnized
under the Special Marriage Act a collateral statutory right of succession to the estate of the latter in case he dies intestate. It does not c
in any way impair
or alter the joint family
structure between an
assessee and his son.
Nor does it effect, as observed by the High
Court, the discretion vested in a Hindu assessee to treat his properties
as joint family properties by taking into his fold his Hindu sons so
as to constitute joint family properties.
For the foregoing reasons, we are of the opinion that th~ a(o;:esaid
question referred to the High Court was rightly answered by it on both
the occasions. In the result, we find no merit in these app~als which
are dismissed with costs.
M.R .
Appeals dismissed.
D