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.