Devolution of interest in coparcenary property
basavaraj shiromani
(Querist) 19 September 2012
This query is : Resolved
AIR 2012 Bombay 101 Vaishali Satish Ganorkar & Anr. V/s Satish Keshorao Ganorkar and Ors.
I am still under confusion regarding the amended act of HSA Sec 6. Whether it is prospective or retrospective. Different HCs are are different views in this regard. In Parvatchand Patnaik V/s Sarat chandra Pattnaik and Anr AIR 2008 Orissa 133 it is discussed that, The act is very clear and do not bear more than one meaning and therefore words cannot be interpreted. The provisions were expressly made retrospective and hence daughter whenever she may have born, she can claim partition but in this above mentioned case of Bombay - daughters born after 9-9-2005 would be catercornery only devolution of interest in coparcenary property takes place etc is there. what should be adopted as per sec 6 of the Hindu amended act. whether it is prospective or restrospective.
Whether a daughter who born after 2005 only entitle to ?
MohammedRaffiq Bijapur
(Expert) 19 September 2012
Sir
Justice N Kumar of karnataka High Court has passed a land judgment. which is popularly known as Smt. Pushpalata case reported in 2010. where the court is of view that the Act is having retrospective effect.
