NDLI: Har Naraini Devi & Anr Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1956 – s.4(2) – Constitution of India Delhi Land Reforms Act 1954 – s.50(a) – Hindu Succession Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Delhi Land Reforms Act, 1954 – s. 50(a) – Hindu Succession Act, 1956 – s. 4(2) – Constitution of India – Article 254 – Hindu Succession (Amendment) Act, 2005– General Clauses Act – ss. 6(b), 6(c) – Person had three sons, all of them pre-deceased him – Dispute w.r.t his agricultural property – His inheritance relating to the branch of one of his son was succeeded by his grandsons (respondent nos. 3, 4) u/s. 50(a), 1954 Act – Appellants are their mother and sister who challenged the validity of s. 50(a), 1954 Act having been denied any rights in the inheritance along with respondent nos. 3 and 4, also contended that the 1956 Succession Act would prevail over the 1954 Act – Writ petition dismissed by High Court – On appeal, held: Question of repugnancy arises only if both the Parliament and the State legislature have made law with respect to any one of the matters enumerated in the Concurrent list (List III) – In the present case, 1954 Act is not referable to any matter enumerated in List III but it is referable to Entry 18 of List II – Thus, no question of repugnancy would arise in view of Article 254 – Further, the property in question is agricultural property – Thus, succession is governed by the 1954 Act, hence, any amendment in the 1956 Act even if it has a retrospective effect will have no bearing or impact on the provisions of succession governed by the 1954 Act – On facts, deletion of s. 4(2) of the 1956 Act would not help the appellants – Also, 1954 Act is a special law whereas the 1956 Act is a general law – The existence or absence of s. 4(2) in the 1956 Act would be immaterial – Appeal fails – Interpretation of Statutes. Interpretation of Statutes – Amendments – Operation of – Deemed to apply prospectively – Delhi Land Reforms Act, 1954 – Hindu Succession Act, 1956 – s. 4(2) – Hindu Succession (Amendment) Act, 2005 – Deletion of s. 4(2) – Effect, if any, on succession opening prior to 2005 – General Clauses Act – ss. 6(b), 6(c) – Person had three sons who pre-deceased him – He died in 1997 – Dispute w.r.t his agricultural property – Held: Till 09.09.2005, when the 2005 (Amendment) Act was enacted, s. 4(2) remained on the statute – In the present case, succession opened in 1997 i.e. prior to 09.09.2005 and the rights of the descendants in terms of s. 50 became crystallized on account of the said section r/w s. 4(2) of the 1956 Act – On account of ss. 6(b) and 6(c) of General Clauses Act, the omission of s. 4(2) of 1956 Act cannot affect the previous operation of s. 4(2) – Effect of the deletion can only be in respect of successions which opened on or after 09.09.05 – All amendments are deemed to apply prospectively unless expressly specified to apply retrospectively or intended to have been done so by the legislature.Delhi Land Reforms Act, 1954 – Hindu Succession Act, 1956 – State enactment relating to Agricultural land tenures, a special law – Held: The argument relating to 1956 Act being a special law and 1954 being a general law is completely misconceived as any State enactment relating to Agricultural land tenures is a special law.
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2022 INSC 988
Petitioner	Har Naraini Devi & Anr
Respondent	Union Of India & Ors.
SCR	[2022] 15 S.C.R. 500
Judgement Date	2022-09-20
Case Number	22957

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Har Naraini Devi & Anr Vs. Union of India & Ors.

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