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august 2020

Supreme Court of India · 2020-08-11

VINEETA SHARMA vs RAKESH SHARMA

Citation / case number
SC 2018/32601
Court
Supreme Court of India
Petitioner
VINEETA SHARMA
Respondent
RAKESH SHARMA
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Judgment text excerpt

The Supreme Court referred the interpretation of Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, to a larger bench due to conflicting judgments in Prakash v. Phulavati and Danamma v. Amar. The Court noted that the amendment provides retrospective effect, allowing daughters to claim coparcenary rights in joint family property, thus removing gender inequality. The outcome of the referral indicates the need for clarity on the application of the amended provisions in ongoing and future cases.

VINEETA SHARMA vs RAKESH SHARMA · Niyam