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october 2015

Supreme Court of India · 2015-10-16

PRAKASH vs PHULAVATI .

Citation / case number
SC 2010/25488
Court
Supreme Court of India
Petitioner
PRAKASH
Respondent
PHULAVATI .
Author
ADARSH KUMAR GOEL ANIL R. DAVE
Bench
ADARSH KUMAR GOEL ANIL R. DAVE

Judgment text excerpt

The Supreme Court addressed the retrospective applicability of the Hindu Succession (Amendment) Act, 2005, determining that the amendment does have retrospective effect, thereby allowing daughters to inherit coparcenary property equally with sons. The Court held that the legal position established by the Amendment Act applies to all pending cases, thus overruling the previous interpretation that restricted its applicability to cases where the father died after the amendment. The judgment clarifies the rights of daughters in Hindu joint family property under Section 6 of the Hindu Succession Act, 1956.

PRAKASH vs PHULAVATI . · Niyam