VINEETA SHARMA versus RAKESH SHARMA & ORS.

VINEETA SHARMA versus RAKESH SHARMA & ORS.

Substituted Section 6 of the Hindu Succession Act, 1956 (as amended in 2005) confers the status of coparcener on daughters born before or after the amendment in the same manner as sons, with the same rights and liabilities; these rights are exercisable with effect from 09.09.2005 (subject to the proviso saving dispositions, alienations, partitions or testamentary dispositions before 20.12.2004); the statutory fiction of notional partition in the original Section 6 only served to ascertain a deceased coparcener’s share and did not effect actual partition or disrupt the coparcenary; Section 6(5) and its Explanation narrowly recognise saved partitions only if effected by a registered...

Parties
Appellant: Vineeta Sharma; Respondent: Rakesh Sharma & Ors.
Jurisdiction
India
Judgment Date
11 August 2020
Procedural Posture
Civil Appeal / Reference Answered
Outcome
Reference answered: substituted Section 6 held to confer coparcenary status on daughters born before or after the 2005 Amendment with effect from 09.09.2005; Prakash & Ors. v. Phulavati & Ors. overruled; Danamma @ Suman Surpur & Anr. v. Amar & Ors. partly overruled
Legal Topics
Section 6 Interpretation, Coparcenary, Partition, Oral Partition, Retrospectivity, Gender Equality
Hindu Succession Act, 1956 Hindu Succession (amendment) Act, 2005 Family Law Succession Law Property Law Section 6 Interpretation Coparcenary Partition +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Vineeta Sharma

Appellant

Rakesh Sharma & Ors.

Respondent

Procedural Posture

Civil Appeal / Reference Answered

Legal Issues

  1. 1 Whether substituted Section 6 of the Hindu Succession Act, 1956 (by the 2005 Amendment) confers coparcenary status on daughters born before and/or after the amendment and with what temporal effect
  2. 2 Whether the right of a daughter under substituted Section 6 requires that both the daughter and the coparcener (father) be alive on the commencement date of the Amendment Act (09.09.2005)
  3. 3 The effect of the proviso and the statutory fiction of notional partition in original Section 6 on coparcenary and on rights of daughters

Ratio Decidendi

Substituted Section 6 of the Hindu Succession Act, 1956 (as amended in 2005) confers the status of coparcener on daughters born before or after the amendment in the same manner as sons, with the same rights and liabilities; these rights are exercisable with effect from 09.09.2005 (subject to the proviso saving dispositions, alienations, partitions or testamentary dispositions before 20.12.2004); the statutory fiction of notional partition in the original Section 6 only served to ascertain a deceased coparcener’s share and did not effect actual partition or disrupt the coparcenary; Section 6(5) and its Explanation narrowly recognise saved partitions only if effected by a registered...

Court Disposition

Reference answered: substituted Section 6 held to confer coparcenary status on daughters born before or after the 2005 Amendment with effect from 09.09.2005; Prakash & Ors. v. Phulavati & Ors. overruled; Danamma @ Suman Surpur & Anr. v. Amar & Ors. partly overruled

Orders

  • Reference answered in terms of the judgment
  • Provisions of substituted Section 6 of the Hindu Succession Act, 1956 held to confer status of coparcener on daughters born before or after amendment with same rights and liabilities