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1998 Supreme(Kar) 783

MOHAMED ANWAR, R.P.SETHI
NANJAMMA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
H.K.Vasudeva Reddy, H.N.Shashidhar, U.Abdul Khadar

R. P. SETHI, C. J.

( 1 )

( 2 ) SECTION 6-A was inserted in the Hindu Succession Act, 1956 (Central act XXX of 1956) vide Karnataka Act No. 23 of 1994, which received the assent of the President on 28th of July, 1994 and was published in the Karnataka Gazette, dated 30th of July, 1994. The said section provides:"6-A. Equal rights to daughter in coparcenary property. Notwithstanding anything contained in Section 6 of this Act: (a) in a Joint Hindu Family governed by Mitakshara Law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son and have the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son; (b) at a partition in such a Joint Hindu Family the coparcenary property shall be so divided as to allot to a daughter the same share as is allottable to a son: provided that the share which a predeceased eon or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child













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