AIR 2016 SUPREME COURT 769 ::2015 AIR SCW 6160 ::2016 (1) ABR 83 ::2016 (2) AJR 391

Supreme Court Of India

(From : AIR 2011 Kar 78)

Hon'ble Judge(s): Anil R. Dave, Adarsh Kumar Goel , JJ

Hindu Succession Act (30 of 1956) , S.6— (as amended by Act 39 of 2005) - Right of daughter to coparcenary property - Conferred on and from commencement of Hindu Succession (Amendment) Act, 2005 - Amendment is prospective - Rights under amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born - Partition taken place before 20th Dec. 2004 - Will remain unaffected. AIR 2011 Karnataka 78, Reversed. The rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation. AIR 2011 Karnataka 78, Reversed.(Para 23 24) The legislature has expressly made the Amendment applicable on and from its commencement and only if death of the coparcener in question is after the Amendment. Thus, no other interpretation is possible in view of express language of the statute. The proviso keeping dispositions or alienations or partitions prior to 20th December, 2004 unaffected can also....