JUDGMENT :

The material question came up for consideration is the legal impact of amended provision – Section 6(1) of Hindu Succession Act, 1956 (for short, 'the Act') and the recent decision rendered by a three Judge Bench of Apex Court in Vineeta Sharma v. Rakesh Sharma and Others [(2020) 9 SCC 1] and also whether a deed of partition entered into prior to 20th day of December, 2004 would stand unaffected by the said amendment. It is an appeal by the defeated defendants 1 and 2 against the preliminary decree for partition of property left out by Thampu, the father of both the plaintiff and defendants 1 to 5. At the time when the plaintiff came up with the suit, she was aged 45 years. In other words, no suit was brought up by her within a period of three years after attaining majority either for getting the property partitioned or to set aside the earlier partition entered into by the defendants - Ext.B2 of the year 1968.

2. Before going to the question of limitation, it is necessary to address the impact of amended provision and also its legal effect on the deed of transfer effected prior to the cut off date, 20/12/2004. The amendment to the Hindu Succession Act by substituting Sec