AIR 2010 KARNATAKA 27 ::2010 (4) AIR Kar R 973

Karnataka High Court

Hon'ble Judge(s): Anand Byrareddy , J

(A) Hindu Succession Act (30 of 1956) , S.6(1)(c) Proviso, S.6A— (as amended by (Karnataka Amendment) Act, (1956)) - Constitution of India , Art.254— Right of unmarried daughter of coparcener - To challenge testamentary disposition of property which has taken place before 20th December, 2004 - Said right conferred under Karnataka amendment taken away by virtue of Central amendment Act (39 of 2005) - Karnataka Amendment Act came into effect from 30-07-1994 whereas the Central Amendment Act came into effect from 09-09-2005 - Latter prevails over the former in terms of Art.254(1) of the Constitution of India. (B) Hindu Succession Act (30 of 1956) , S.6(1)(c) Proviso— (as amended by Act 39 of 2005) - Constitution of India , Art.14— Right of daughter of coparcener - Proviso to S.6(1)(c) vide amendment denies an equal right to a daughter of a co-parcener, to question any disposition or alienation of co-parcenary property prior to 20-12-2004, vis-a-vis a son - Is arbitrary and violative of Art.14 Rational basis on which said restriction is placed is not apparent from examination of Statement of Objects and Reasons to the Amendment Act and contents of 174th Report of Law Commission of India - Avowed object of legislation is to create equal rights as between a daughter and a son of a co-parcener. ....