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kumar pavan   04 September 2021

Partition done in 1980 and its finality

Dear experts,

A set of lands were partitioned via registered deed in 1980 between two brothers. After the 2020 SC judgement in vineeta sharma case, can other two sisters claim rights in 2021? What are the safeguards for the brothers against any such claims?


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 1 Replies

Ziniya Singh   27 September 2021

No, the sisters cannot claim share from the partition (registered deed) which took place in 1980 as according to section 6, Hindu Succession (Amendment) Act, 2005 which made daughter of a coparcener, Corparcener by birth this has removed the discriminatory clause of the Hindu Succession Act, 1956, 2005 amendment has given equal rights to daughters in the Mitakshara Coparcenary property as were given to sons. But this act does not have retrospective effect i.e. if partition took place before 20th December, 2004 daughters cannot open partition and claim their share from the partition. In Vineeta Sharma v Rakesh Sharma, it was held that provisions of section 6 are neither prospective nor retrospective, here the concept was explained by Supreme Court.

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