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Supreme Court of India

Vineeta Sharma v. Rakesh Sharma & Ors.

Neutral citation
Reported as [2020] 10 S.C.R. 135
Bench Arun Mishra, S. Abdul Nazeer and M. R. Shah JJ.
Decided 11 August 2020

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.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that according to Section 6 of the Act when a coparcener dies leaving behind any female relative specif ied in Class I of the Schedule to the Act or male relative speci fied in that class claiming through such female relative, his undivi ded interest in the Mitakshara coparcenary property would not devolve upon the surviving coparcener, by survivorship but upon his heirs by intestate succession.

Judgment, page 86

From the headnote

Hindu Succession Act, 1956 – s.6 as amended by Hind u Succession (Amendment) Act, 2005 – Interpretation of – Held: The provisions contained in substituted s.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same ri ghts and liabilities – The effect of the amendment is that a daughter is made coparcener, with effect from the date of amendment i.e. 09.09. 2005 and she can claim partition also, which is a necessary concomit ant of the coparcenary – s.6(1) recognises a Joint Hind u family governed by

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 7 referred to

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