Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2005 – s.6 Hindu Succession (Amendment) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Succession (amendment) Act, 2005 (39 of 2005) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Succession (Amendment) Act, 2005 – s.6 – Applicability of – One ‘GS’ died in 2001 leaving behind his widow, two daughters (appellants) and two sons, including ‘AK’ – Suit for partition filed by respondent no.1 (son of ‘AK’ ), decreed by Trial Court holding that appellants were not entitled to any share as they were born prior to the enactment of the 1956 Act – Appeal filed by appellants, dismissed by High Court – Review Petition there against, also dismissed – Held: Section 6, as amended, stipulates that on and from the commencement of the Amendment Act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son – Amendment Act, 2005 confers upon the daughter of the coparcener, same rights and liabilities in the coparcenery properties as that of the son – In the present case, suit for partition was filed in 2002, however, during the pendency of the suit, s.6 was amended– Decree was passed by trial court only in 2007 – Thus, the rights of the appellants got crystallised in the year 2005 – In the instant case, the subject matter of the partition suit were joint family properties, thus, in the said partition suit, share will devolve upon the appellants as well – Since, ‘GS’ died leaving behind appellants, two sons, and a widow, both the appellants would be entitled to 1/5th share each in the property – Since, ‘AK’ will have 1/5th share, it would be further divided into five shares on partition i.e. between ‘AK’, his wife, his two daughters and son (respondent no.1) – Thus, respondent no.1 would be entitled to 1/25 th share in the property – Hindu Succession Act, 1956. Suit – Partition suit – Preliminary Decree – Effect of, on the rights of daughters in coparcenary property as per amended s.6 – Held: Rights of daughters in coparcenary property as per amended s.6 are not lost merely because a preliminary decree has been passed in a partition suit – In partition suits, partition becomes final only on the passing of final decree – Where such situation arises, the preliminary decree would have to be amended taking into account the change in law by amendment of 2005 – Hindu Succession (Amendment) Act, 2005 – s.6 |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 84 |
Petitioner | Danamma @ Suman Surpur & Anr. |
Respondent | Amar And Ors. |
SCR | [2018] 2 S.C.R. 553 |
Judgement Date | 2018-02-01 |
Case Number | 188-189 |
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