2024:BHC-AS:51011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally signed by BHALCHANDRA B GH OA PALC LHANDRA SECOND APPEAL NO.371 OF 2013 GOPAL DUSANE DUSANE Date:

2025.03.07

00:21:23 +0530 Shri. Bhagwant Dagadu Chambhar (Kadam)

(Since deceased through his LRs)

1a. Dr. Dilip Bhagwant Chambhar (Kadam)

Age :45 yrs., Occ.: Doctor R/o : Building No.235, Room No. 61/31, Shivdarshan Society, Naydu Colony, Ghatkopar (East), Mumbai – 400 075

1b) Sou. Mandakini Chandrakant Pakhare Age: 42 years, Occ.: Household, R/o : B-1 Building, Room No.36, Near Film Center, 6^th Floor, Maniyar Building, Taddeo, Mumbai – 400 034. …. Appellants Versus

1) Sou. Tarabai @ Hirabai Nivrutti Sonawane, Age : 58 Yrs. Occ.: Household &

Agriculture, R/o : Bhandup (E), Sahakar Nagar, Sai Nagar, Room No.7, Chawl No.B., Mumbai.

2. Smt. Ratan Shankar Kadam, Age : 65 yrs., Occ.: Household

3. Shri. Rajendra Shankar Kadam, Age : 45 yrs., Occ.: Service

4. Shri. Sandeep Shankar Kadam, Age : 42 yrs., Occ.: Service

5. Vaishali Shankar Kadam Age : 30 yrs., Occ.: Household 6. Santosh Shankar Kadam Age : 38 yrs., Occ.: Service

7. Sou. Manisha Bharat Agawane Age : 37 yrs., Occ. : Household

8. Smt. Shevanta Ramchandra Vetal Age : 65 yrs., Occ.: Household Nos. 2 to 8 all R/o Nirmal Nagar, In front of Police Station, Building No.5, First Floor, Room No. 160, Khar (East), Mumbai.

(Since Respondent No.8 Shevanta expired, through her LRs) 8(a) Sou. Sushila Ashok Gaikwad Age: 42 years, Occ.: Household

8b) Sou. Dagdabai Namdeo Rokade Age : 40 yrs., Occ.: Household

8c) Sou. Asha Shivaji Gaikwad Age : 38 yrs., Occ.: Household

8d) Sou. Jayashree Tulshiram Gaikwad Age : 35 yrs., Occ.: Household

8e) Sou. Mangala Govind Pawar Age : 33 yrs., Occ.: Household

8f) Sou. Rukmini Mohan Bhosale Age : 30 yrs., Occ.: Household 8(a) to 8(f) R/o : Sawera Bhai Desai Chawl, Room No.5, Khar (E), Mumbai – 400 051

9) Pramila Bhagwant Kadam Age- 61 Yrs., Occ.: Household, Mumbai – 400 083

10) Ajit Bhagwant Kadam Age : 37 yrs., Occ.: Service

11) Sou. Hemlata Sayaji Karande, Age : 40 yrs., Occ.: Household

12) Sou. Snehlata Sunil Gaikwad Age : 36 Yrs., Occ.: Household

13) Nandarani Bhagwant Kadam Age : 32 Yrs., Occ.: Household

9 to 13 R/o : Chawl, No. 19, Room No.1, Nav Jeevan Nagar, Vikroli (East), Mumbai – 400 083 … Respondents ______________________________________________________________

Mr. Girish Godbole, Senior Counsel, Amicus Curiae.

Mr. Sandesh D. Patil a/w Mr. Chintan Shah & Ms. Divya A. Pawar, for Appellants.

Mr. S. M. Seegarla, for Respondent Nos.1 and 8(a) to 8(f).

Mr. Drupad Patil, for the Appellant in Second Appeal No.225 of 2023. Mr. Kalpesh Patil, for the Respondents in Second Appeal No.225 of

2023.

______________________________________________________________

CORAM: MADHAV J. JAMDAR, J.

DATE: 29 AUGUST 2024 JUDGMENT:

1. Heard Mr. Sandesh Patil, learned Counsel appearing for the Appellants and Mr. Seegarla, learned Counsel appearing for Respondent Nos.1, 8(a) to 8(f).

(A) IMPORTANT QUESTION OF LAW:

2. The important question of law involved in this Second Appeal is, whether the daughter, whose father had passed away before the Hindu Succession Act, 1956 (H.S.A., 1956) came into force, is entitled to claim the benefit of Section 6 of the Hindu Succession Act, 1956 as amended by the Hindu Succession (Amendment) Act, 2005.

3. As a very important question of law is involved in this Second Appeal, Mr. Girish Godbole, learned Senior Counsel has been appointed as the Amicus Curiae to assist the Court and he has pointed out various aspects of the matter and assisted the Court.

4. Mr. Sandesh Patil, learned Counsel appearing for the Appellants also extensively argued the matter and pointed out various aspects.

5. Earlier Second Appeal No. 225 of 2023 was also tagged along with this Second Appeal and therefore, Mr. Drupad Patil, learned Counsel for the Appellants and Mr. Kalpesh Patil, learned Counsel for the Respondents in the said Second Appeal have also assisted this Court.

(B) SUBSTANTIAL QUESTIONS OF LAW FR