Sec 6a of amended hsa
basavaraj shiromani
(Querist) 18 September 2013
This query is : Resolved
How to apply the conditions of Sec 6A of the Hindu Succession Act 2005 to duaghter born prior to 1956. Different High Courts gave judgement on their own differnet application of mind. In some decisions says, daughter born prior to 1956 are entitle for notional partition. Recent Bombay HC says, a daugher born after 2005, will become coparcener. Karnataka HC says, they are entitle to get notiional partition, but on perusal of Parvatachandra case,Gandukotteswaramma's case, ananized Sec 6A. I want to know which is the correct application.
venkatesh Rao
(Expert) 21 September 2013
In my opinion, the following judgment puts an end to end to the controversy.
Sugalabai vs Gundappa A. Maradi And Ors. on 18 September, 2007
ILR 2007 KAR 4790, 2008 (2) KarLJ 406
(1) The provision of Section 6-A(d) of the Karnataka (Amendment) Act 1990 is repugnant to the Central Amendment Act of 2005 insofar as the position of a daughter married prior to coming into force of the Karnataka Amendment Act, 1990, is concerned and as such, the Central Amendment Act of 2005 which makes no such discrimination will prevail over the State Act.
(2) To the extent the provision of Section 6-A(d) of the Karnataka Amendment Act 1990 is repugnant to the Central Amendment Act, 2005, the said provisions of Section 6-A(d) of the Karnataka Amendment Act 1990 is declared void and it shall cease to have any effect.
(3) The Central Amendment Act of 2005, which has been brought into force from 9.9.2005, shall not have any effect insofar as any disposition or alienation including any partition or testamentary disposition of property which had taken place, before the 20th day of December, 2004.
(4) In respect of pending proceedings i.e. suits/appeals, the provisions of Section 6-A(d) of the Karnataka Amendment Act 1990, to the extent it is repugnant to the Central Amendment Act of 2005, shall cease to have any effect and the said pending proceedings shall be governed by the Central Amendment Act of 2005 which has been brought into force from 9.9.2005.
