Case Law Details
Case Name : Prakash & Ors Vs Phulavati & Ors (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
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Brief of the Case
Supreme Court held In the case of Prakash & Ors vs. Phulavati & Ors that the text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of Hindu Succession (Amendment) Act, 2005’. Section 6(3) talks of death after the amendment for its applicability. In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. An amendment of a substantive provision is always prospective unless either expressly or by ne...
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All said and done, what about the partition made and registered between 20-12-2004 and 9-9-2005 between father and his son without including his daughter, though she was living?