AI Overview...
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Hindu Succession (Amendment) Act, 2005 - The 2005 amendment clarified that female heirs, particularly daughters, are coparceners with equal rights in Hindu coparcenary property. It explicitly extended rights to daughters born before the commencement of the amendment (September 9, 2005), making their inheritance rights retrospective from the date of the original Act of 1956. The amendment also affirmed that the concept of partition and inheritance would be effective from the date of the father's death or the relevant partition event, without reopening past partitions to include newly recognized female shares Swaran Lata VS Kulbhushan Lal - Delhi, Md. Akhtar Husain VS Janki Devi - Patna, Vineeta Sharma VS Rakesh Sharma - Supreme Court, DR. PUSHPALATA AND ANR. Vs RAM DAS HUF & ORS. - Delhi, V. Vandhana VS Vijayasekaran - Madras, Nand Kishore VS Rukmani Devi - Rajasthan.
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Applicability and Legal Effect - The amendment applies to ongoing cases and appeals, with courts recognizing that rights of daughters in coparcenary property are now equal to those of sons, even if the daughter was born before the amendment came into force. This includes claims for shares in ancestral property and the rights to partition, which are now protected under the amended law Md. Akhtar Husain VS Janki Devi - Patna, Vineeta Sharma VS Rakesh Sharma - Supreme Court, V. Vandhana VS Vijayasekaran - Madras, Nand Kishore VS Rukmani Devi - Rajasthan.
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Specific Case Insights - Courts have held that the rights under the 2005 amendment are applicable from the date of the amendment's commencement, but daughters born before this date can claim rights only if the father was alive at that time, and the inheritance rights are generally considered retrospective. Cases also emphasize that the law does not require reopening past partitions but recognizes rights from the date of the law's effect Vineeta Sharma VS Rakesh Sharma - Supreme Court, Nand Kishore VS Rukmani Devi - Rajasthan.
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Other Amendments and Related Laws - While some amendments, such as those in animal preservation laws or criminal procedures, are mentioned, they are not directly related to the 1986 AP Amendment Act or the Hindu Succession (Amendment) Act, 2005, but illustrate the broader context of legislative amendments and their judicial scrutiny Indian Hotel AND Restaurants Association VS State of Maharashtra - Bombay, SADHANA SHARMA VS STATE OF U. P. - Allahabad.
Analysis and Conclusion:
The 2005 Amendment to the Hindu Succession Act significantly advanced women's inheritance rights, making daughters coparceners with equal rights, applicable retrospectively from 1956, with the commencement date of 2005 being crucial for claims. The law's retrospective effect ensures that daughters born before 2005 are now entitled to share in coparcenary property, subject to specific conditions regarding their father's status at the time. Courts have upheld these provisions, emphasizing the progressive nature of the law and its intent to promote gender equality in inheritance rights.
Search Results for "1986 Ap Amendment Act Applicable to the Female it will be Continued up to 2005 Amendment Acted"
2014 0 Supreme(Del) 343 • India - Delhi
S.RAVINDRA BHAT, NAJMI WAZIRI
Hindu Succession Act, 1956 -Section 6 - Amendment by Act of 2005 - Amending Act of 2005 unambiguous that no ... in Section 6 by the Parliament, which are left unaffected by the amendment - Notion that partition occurs as on the date of death ... partition or testamentary position of the property is to be effected or reopened in order to include newly created shares of a female ... The learned Single Judge considered the evidence on record, and held ....
2013 0 Supreme(Pat) 1376 • India - Patna
V.NATH
Succession (Amendment) Act, 2005 was applicable to the ongoing appeal. ... applicability of Section 23 of the Hindu Succession Act, 1956 and its subsequent omission by the Hindu Succession (Amendment) Act ... The judgment emphasized the entitlement of a female heir to a share in the joint family dwelling house by inheritance and the effect ... Later on the amendment on similar lines has been made in Hindu Succession Act#HL....
2020 4 Supreme 193 • India - Supreme Court
ARUN MISHRA, S.ABDUL NAZEER, M.R.SHAH
6 (As amended by Hindu Succession (Amendment) Act, 2005) – Female Hindu succession – Rights of daughters ... Statutory partition has been in existence in section 6 since 1956 and is continued by the 2005 Amendment. (i) Section 6, as amended, is not applicable in the case of a daughter whose father is not alive at the time of the introduction of provisions of section 6. ... Accordingly, we hold that the rights under the amendment are....
2025 Supreme(Online)(DEL) 98 • India - High Court of Delhi
HON'BLE MR. JUSTICE JASMEET SINGH, J
(A) Hindu Succession Act, 1956 - Section 6 - Hindu Succession (Amendment) Act, 2005 - Partition of HUF properties - Plaintiffs claimed ... 1/5th share in HUF properties after amendment - Court held HUF existed at the time of amendment; plaintiffs entitled to share in ... None of the properties mentioned in the plaint were available for partition on 09.09.2005 i.e. the date when the Hindu Succession Amendment Act came into force. .......
2023 4 Supreme 421 • India - Supreme Court
A. S. BOPANNA, J. B. PARDIWALA
commencement of Amendment Act, 2005, but daughter born before commencement of Amendment Act, 2005 can claim coparcenary rights only ... Section 6(5) – In case a coparcener living on date of commencement of the Amendment Act, 2005 (9.9.2005) dies after 9.9.2005, inheritance ... would step into coparcenary as that of a son by birth whether daughter is born before commencement of Amendment#....
2005 8 Supreme 697 • India - Supreme Court
B. N. AGARWAL, ARUN KUMAR, G. P. MATHUR, C. K. THAKKER, A. K. MATHUR, P. K. BALASUBRAMANYAN, R. C. LAHOTI
Bombay Animal Preservation (Gujarat Amendment) Act, 1994—Section 2—Constitutional validity—Ban on slaughter of certain animals—Milch ... This amendment was challenged before the Gujarat High Court. ... The Gujarat High Court after dealing with all aspects in detail held that amendment is ultra vires. ... Lahoti, CJI—Section 2 of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 (Gujarat Act No. 4 of 1994) which introduced certain amendments#HL_END....
2012 0 Supreme(All) 129 • India - Allahabad
DEVI PRASAD SINGH, SATISH CHANDRA
Amendment) Act, 1991—Section 2—Criminal Procedure Code, 1973—Section 24 and 25-A—Legal Remembrancer Manual—(As amended by Circular ... Act also suffering from vice of arbitrariness—Aims and objects of impugned amendment based on unfounded facts and also against the ... Judge in such matters found to be inevitable—Impugned amendment also found contrary to aims and object of the Principal Act—Amending ... The impugned amendment under the Act No. 18 of ....
2023 0 Supreme(Mad) 1158 • India - Madras
S. S. SUNDAR
37(2) - Hindu Succession Act, 1956 - Section 6, 4, 8, 19 - Hindu Succession (Amendment) Act, 2005 - Appellants filed suit in O.S ... if her father is not alive when amendment in 2005 came into force - Therefore, plaintiffs are only entitled to 2/3 of 1/3 share ... that Amendment will have retrospective effect and that a daughter is entitled to claim equal share in coparcenary property, even ... By virtue of Hindu Succession (Amendment) Act#....
2006 0 Supreme(Bom) 604 • India - Bombay
on male and female both. ... , Sections 33-A and 33-B (After Amendment Act of 2005) Prohibition on dance in eating places, bars and restaurants challenged being ... , 1951, Sections 33-A and 33-B (As amended by Amendment Act 35 of 2005) Dance prohibited in eating houses Permitted licence became ... The grounds of challenge to the constitutional validity of the Act, and the various other contentions raised in Writ Petition No. 2450 of 2005#H....
2012 0 Supreme(Raj) 93 • India - Rajasthan
BELA M.TRIVEDI
Hindu Succession Act, 1956, Sec. 6; Registration Act, 1908, Sec. 17 — Share of daughters in a coparcenery property — Requirement ... registration of family settlement — No partition of the suit properties had taken place by a deed of partition registered under the Act ... to the Amendment of 2005. ... of the 2005 Amendment Act although final decree for partition has not yet been passed. ... ... “Section 6 as it stands after the amendment#H....
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