AIR 2016 KARNATAKA 4 ::2016 (1) AKR 198 ::(2016) 2 MarriLJ 673 ::(2016) 2 CivLJ 243 ::(2016) 2 RecCivR 360 ::(2016) 1 ICC 565 ::(2015) 4 KCCR 3091 ::(2016) 1 Kant LJ 497

Karnataka High Court

Hon'ble Judge(s): N. Kumar, G. Narendar , JJ

(A) Hindu Succession Act (30 of 1956) , S.6— (as amended by Hindu Succession Act of 2005) Repealing and Amending Act (17 of 2015) , S.2, S.4— Equal rights to daughter in co-parcenary property - Amending Act of 2005 conferring such right repealed by Act of 2015 - Effect of repeal - It does not wipe out the amendment - It is only case of legislative spring cleaning and not intended to make any change in law - Rights conferred on daughter not taken away. General Clauses Act (10 of 1897) , S.6A— Interpretation of Statutes - Repeal of Amending Act - Intention of legislature The Repealing and Amending Act, 2015 does not disclose any intention on part of Parliament to take away status of a co-parcener conferred on a daughter giving equal rights with the son in co-parcenary property. Similarly, no such intention can be gathered with regard to restoration of Ss. 23 and 24 of Principal Act which were repealed by Hindu Succession (Amendment) Act, 2005. On the contrary, by virtue of Repealing and Amending Act, 2015, the amendments made to Hindu Succession Act in the year 2005, became part of the Act and the same is given retrospective effect from the day the Principal Act came into force in the year 1956, as if the said amended provision was in operation at that time. Thus the equal rights @page-Kant5 conferred....