Supreme Court of India

Danamma @ Suman Surpur & Anr. v. Amar and Ors.

Neutral citation

Reported as [2018] 2 S.C.R. 553

Bench A. K. Sikri and Ashok Bhushan JJ.

Decided 1 February 2018

Status Partly Overruled

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 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 9-9- 2005 irrespective of when such daughters are born.

Judgment, page 17

From the headnote

Hindu Succession (Amendment) Act, 2005– s.6 – Applicability of – One ‘GS’ died in 2001 leaving behind his widow, two daughters (appellants) and two sons, including ‘AK’ – Suit for parti tion filed by respondent no.1 (son of ‘AK’ ), decreed by Trial Court holding that appellants were not entitled to any share as t hey were born prior to the enactment of the 1956 Act – Appeal filed by appe llants, dismissed by High Court – Review Petition there aga inst, also dismissed – Held: Section 6, as amended, stipulates that on and from the commencement of the Amendment Act, 2005, the daughter of a

Authorities it was built on

1985 S. Sundaram Pillai, Etc. v. V.R. Pattabiraman Etc. cited by 48
1969 State Bank of India v. Ghamandi Ram (dead) through Shri Gurbax Rai cited by 8
2015 Prakash & Ors. v. Phulavati & Ors. cited by 7
2011 Ganduri Koteshwaramma & Anr. v. Chakiri Yanadi & Anr. cited by 4
1996 S.K. Sattar Sk. Mohd. Choudhari v. Gundappa Amabadar Bukate cited by 3
2006 Anar Devi and Ors. v. Parmeshwari Devi and Ors. cited by 2

Where later benches applied it

2023 Prasanta Kumar Sahoo & Ors. v. Charulata Sahu & Ors. referred to
2023 Government of Nct of Delhi v. Ravinder Kumar Jain & Ors. mentioned
2018 Mangammal @ Thulasi and Anr. v. T.B. Raju and Ors. mentioned
2020 Vineeta Sharma v. Rakesh Sharma & Ors. partly overruled

Of those, 1 referred to · 2 mentioned · 1 partly overruled

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