Supreme Court of India
Prakash & Ors. v. Phulavati & Ors.
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7 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when C such daughters are born.
Judgment, page 20
From the headnote
Hindu Succession (Amendment) Act, 2005: 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 properties - Held: Rights under the amendment 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
Authorities it was built on
- 1985 S. Sundaram Pillai, Etc. v. V.R. Pattabiraman Etc.
- 1978 Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum and Ors.
- 2003 John Vallamattom and Anr. v. Union of India
- 2001 Danial Latifi and Anr. v. Union of India
- 1966 Smt. Dayawati and Another v. Inderjit and Others
- 2013 Nagendrappa Natikar v. Neelamma
- 2011 Ganduri Koteshwaramma & Anr. v. Chakiri Yanadi & Anr.
- 1995 Digambar Adhar Patil v. Devram Girdhar Patil (died) and Anr.
Where later benches applied it
- 2023 Prasanta Kumar Sahoo & Ors. v. Charulata Sahu & Ors.
- 2023 Government of Nct of Delhi v. Ravinder Kumar Jain & Ors.
- 2018 Mangammal @ Thulasi and Anr. v. T.B. Raju and Ors.
- 2018 Danamma @ Suman Surpur & Anr. v. Amar and Ors.
- 2017 Shayara Bano v. Union of India and Others
- 2017 Krishna Veni Nagam v. Harish Nagam
- 2020 Vineeta Sharma v. Rakesh Sharma & Ors.
Of those, 1 referred to · 5 mentioned · 1 overruled
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