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2009 Supreme(Kar) 450

ANAND BYRAREDDY
R. Kantha – Appellant
Versus
Union of India, Represented by its, Cabinet Secretary – Respondent


Advocates appeared:
For the Petitioner:Shankar S. Bhat , Advocate.
For the Respondents:R1, Aravind Kumar, Advocate, R2, A.R. Sharadamba, Additional Government Advocate.

Judgment :

This writ petition is filed seeking to challenge the constitutional validity of the proviso to Section 6(1)(c) of the Hindu succession Amendment Act, 2005 (Act 39 of 2005).

2. The back ground to the petition is as follows:

The petitioner aged about 36 is the unmarried daughter of one Doddaramaiah Reddy and they are Hindus. The father, Doddarmaiah Reddy is alive. The petitioner has filed a civil suit in OS.S.3104/2007 before the City Civil Court, Bangalore. The suit is for partition and separate possession of joint family properties. The suit is pending as on date. The plaintiff has called in question certain sale deeds executed in respect of the suit properties as not binding on her.

Having regard to the proviso to Section 6(1)(c) of the Hindu succession Amendment Act under Act 39 of 2005, the trial court was inclined to dismiss the suit as not maintainable. It was at that stage that the present writ petition is filed questioning the constitutional validity of the proviso to Section 6(1)(c) of Hindu succession Amendment Act, 2005 The respondents, namely, the Union of India and the state of Karnataka having been served, and though are represented by counsel, have not chose












































































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