Supreme Court · 2015 INSC 793 · Decided 16 October 2015

Prakash & ORS. v. Phulavati & ORS.

Court
Supreme Court of India
Citation
2015 INSC 793 · [2015] 12 S.C.R. 579
Case number
CIVIL APPEAL No. 7217/2013
Decided
16 October 2015
Bench
ANIL R. DAVE, ADARSH KUMAR GOEL (2-judge bench)
Outcome
Disposed off
Case type
Civil

Headnote

Hindu Succession (Amendment) Act, 2005: A B ss. 6(1 ), 6(3), 6(5) - Whether the Act will have c retrospective operation - Held: No - The legislature has. expressly made the Amendment applicable on and from its. commencement. s. 6(1 ), (5), proviso - Right of daughter of coparcener in coparcenery D are applicable to Jiving daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born - Proviso to s. 6(1) and s. 6(5) clearly intend to exclude the transactions referred to therein which may have taken place prior to 2Qth December, 2004 on which

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