PRAKASH & ORS. versus PHULAVATI & ORS.

PRAKASH & ORS. versus PHULAVATI & ORS.

The Amendment Act, 2005 is prospective. The right of a 'daughter of a coparcener' arises on and from the commencement of the Amendment (9th September 2005) and is applicable only where the relevant coparcener is alive as on commencement; statutory notional partition on the death of a coparcener prior to commencement crystallises rights which are not taken away by the Amendment. The proviso to s.6(1) and s.6(5) and the Explanation to s.6(5) protect dispositions, alienations or partitions effected before 20th December, 2004 and do not render the substantive provision retrospective; statutory notional partitions are not covered by the Explanation or proviso.

Parties
Appellant: PRAKASH & ORS.; Respondent: PHULAVATI & ORS.
Jurisdiction
India
Judgment Date
16 October 2015
Procedural Posture
Civil Appeal / Judgment of the Supreme Court on Appeal From High Court Order (civil Appeal No.7217 of 2013)
Outcome
Civil Appeal allowed in part; High Court order set aside and matter remanded for fresh decision
Legal Topics
Retrospective Vs Prospective Operation of Amendments, Coparcenary Rights of Daughters Under Hindu Succession (amendment) Act, 2005, Interpretation of Proviso and Explanation, Notional Partition, Application of Amendment to Pending Proceedings, Gender Discrimination (muslim Women)
Succession Law Family Law Property Law Statutory Interpretation Constitutional Law Retrospective Vs Prospective Operation of Amendments Coparcenary Rights of Daughters Under Hindu Succession (amendment) Act, 2005 Interpretation of Proviso and Explanation +3 more

Case Brief

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Parties

PRAKASH & ORS.

Appellant

PHULAVATI & ORS.

Respondent

Procedural Posture

Civil Appeal / Judgment of the Supreme Court on Appeal From High Court Order (civil Appeal No.7217 of 2013)

Legal Issues

  1. 1 Whether Hindu Succession (Amendment) Act, 2005 has retrospective operation
  2. 2 Whether daughters of coparceners acquire coparcenary rights if the coparcener died before commencement of the Amendment Act
  3. 3 Interpretation and scope of proviso to s.6(1) and s.6(5) and the Explanation to s.6(5) regarding partitions effected before 20th December, 2004

Ratio Decidendi

The Amendment Act, 2005 is prospective. The right of a 'daughter of a coparcener' arises on and from the commencement of the Amendment (9th September 2005) and is applicable only where the relevant coparcener is alive as on commencement; statutory notional partition on the death of a coparcener prior to commencement crystallises rights which are not taken away by the Amendment. The proviso to s.6(1) and s.6(5) and the Explanation to s.6(5) protect dispositions, alienations or partitions effected before 20th December, 2004 and do not render the substantive provision retrospective; statutory notional partitions are not covered by the Explanation or proviso.

Court Disposition

Civil Appeal allowed in part; High Court order set aside and matter remanded for fresh decision

Orders

  • Civil Appeal No.7217 of 2013 allowed
  • Order of the High Court set aside