Supreme Court of India · 2011-05-10
Prema vs Nanje Gowda & Ors
- Citation / case number
- AIR 2011 SUPREME COURT 2077
- Court
- Supreme Court of India
- Petitioner
- Prema
- Respondent
- Nanje Gowda & Ors
- Author
- G.S. Singhvi
- Bench
- K.S. Panicker Radhakrishnan, G.S. Singhvi
Judgment text excerpt
The Supreme Court addressed whether the appellant could seek an enhancement of her share in joint family property under Section 6A of the Hindu Succession Act, 1956, following the dismissal of her appeal against a preliminary decree for partition. The Court held that Section 6A is not retrospective and cannot be applied to amend a decree that has become final, affirming the lower courts' decisions. Consequently, the appellant's application for a higher share was dismissed, reinforcing the principle that amendments to the Act do not affect finalized decrees.