Partition in coparcenary properpy
K PALANIVEL
(Querist) 09 March 2018
This query is : Resolved
sir,
The SC on CIVIL APPEAL NO.7217 OF 2013 PRAKASH & ORS. …APPELLANTS VERSUS PHULAVATI & ORS. ...RESPONDENTS held that Hindu Succession Act 2005 will not have retrospective effect. If the father died before the enactment of Hindu Succession Act 2005 (Amendment), the daughter of the father, cannot claim share over the property. Whereas in Civil Appeal Nos.188-189 of 2018 Danamma @ Suman Surpur & Anr Vs Amar & others (SLP 10638-10639 of 2013, the daughters would become coparcener by birth in their own right in the same manner as the son and are therefore entitled to equal share as that of a son.
Now, the question is whether HSA (Amendment) Act, 2005 has retrospective effect and if the father died before the amendment of the above act, the daughter can claim share over the father's property. Kindly advice.
Dr J C Vashista
(Expert) 11 March 2018
The daughter shall be termed as coparcener even if her father died before amendment in HSA 1955 was inserted on 9.9.2005.
