Assessees Seema Bhattacharya  and Jharna Bhattacharga  were wives of kartas  Shri Baskar Bhatachrya (Husband of JB)  Shankar Bhatachrya  (Husband of SB)  and   who were brothers. Assessees sold their agricultural land and purchased an immovable property from sale consideration. Assessee Jharna Bhattacharga    claimed that land sold belonged to HUF.  Assessing Officer denied the claim and regarded capital gain as assessable in hands of assessee  as an individual. Commissioner (Appeals) held that no capital gain could arise in hands of assessee as same was property of respective HUFs. On appeal  the Tribunal held that  land was originally held by father of kartas which was divided into three parts and there was nothing to show that income from said property was being returned as family income. Merely because land was divided, with a view to avoid family dispute, by father between himself and his two sons, would not by itself make it a family property. Capital gains  was rightly  assessed as an individual property. (AY. 2009-10)