Affect of repeal of hindu succession (amendment) act 2005
Rudrawar Narayanreddy
(Querist) 27 July 2015
This query is : Resolved
Whether the repeal of Hindu succession (Amendment) act by the repealing and amendment act 17 of 2015 affects the daughters right to share in the ancestral property or not. Suit filed by daughter for partition and separate possession in the ancestral property against brothers is maintainable
Dr J C Vashista
(Expert) 27 July 2015
Can you please send me a copy of HS (amendment) Act, 2015 for further analyzing and comments.
However, prima facie (if the act has been amended) it shall bring the HS Act,1955 to its original position where daughter(s) is/are entitled to stay and not seek partition.
P. Venu
(Expert) 27 July 2015
The Hindu succession (Amendment) act has out lived its object once it was notified; it belies logic, reason and sense why and how an Amending Act could be repealed.
An Amending Act is like a rocket that launches a satellite to orbit. Once the task is carried out, it is rendered spent force.
R.K Nanda
(Expert) 27 July 2015
state real facts, if any.
J K Agrawal
(Expert) 28 July 2015
Agree with Mr Venu. The repealing amendment act means the 'Act' will be repealed but the amendments made by this act in original Hindu Succession Act will remain in force.
It means the amends stuck with old HS Act and the Amendment Act is no more to site in Courts but sufficient to site the original HS Act which is now perched with the amendments.
