1. Vineeta Sharma VS Rakesh Sharma - 11 Aug 20

(1) Hindu Succession Act, 1956 – Section 6 (As amended by Hindu Succession (Amendment) Act, 2005) – Provisions contained in substituted Section 6 of Hindu Succession Act, 1956 confer status of coparcener on daughter born before or after amendment in same manner as son with same rights and liabilities – Rights can be claimed by daughter born earlier with effect from 9.9.2005 with savings as provided in Section 6(1) as to disposition or alienation, partition or testamentary disposition which had taken place before 20th day of December, 2004 – Since right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005 – Coparcener and daughter do not need to be alive as on date of amendment.(2) Hindu Law – Partition – Cesser of Commonality is not conclusive proof of partition, merely by reason that members are separated in food and residence for convenience and separate residence at different places due to service or otherwise does not show separation.(3) Right to claim partition is a significant basic feature of coparcenary, and a coparcener is one who can claim partition.

(A) Hindu Succession Act, 1956 – Section 6 (As amended by Hindu Succession (Amendment) Act, 2005) – Female ... Hindu succession – Rights of daughters – Provisions contained in substituted Section 6 of Hindu Succession Act, 1956 confer status ... under provisions of Section 6(1)(a) and 6(1) (b) – Coparcener right is by birth – It is not at all necessary that father of daughter ... right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather ... Section 6(4) makes a daughter liable in the same manner as that of a son. ... If a suit for recovery of property is filed, it is for the benefit of all coowners.

India - Supreme Court

2. M. Sujatha VS M. Surender Reddy - 01 Apr 15

(1) As per Hindu Succession Amendment Act, 2005, daughter of a coparcener will have same right as of son by birth in the coparcenary property irrespective of her being a major, minor or married.(2) Section 29-A introduced by A.P. State Amendment Act, 1986 held to be null and void being contrary of amended Section 6. (Para 11)

(A) Hindu Succession Act, 1956, Section 6 (as amended by amendment Act of 2005) Right of female daughter in coparcenary property ... (Para 11) ... (B) Hindu Succession Act, 1956, Section 6 (as amended ... 6 (as amended in 2005) of Hindu Succession Act, 1956. ... 6 of the Hindu Succession Act, 1956 (the Principal Act) substituted by Section 3 of the Hindu Succession (Amendment) Act, 2005 ( ... , no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his ... of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section

India - Current Civil Cases

3. Ganduri Koteshwaramma VS Chakiri Yanadi - 12 Oct 11

(1) The new Section 6 of Hindu Succession Act, 1956 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The Legislature has now conferred substantive right in favour of the daughters. As per new Section 6, the daughter of a copercener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. On and from September 9, 2005, the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son. (2) Where a preliminary decree has been passed before September 9, 2005 (Date of enforcement of amended Section 6 of the Hindu Succession Act, 1956), but final decree has not been passed as yet, after the enforcement of the new Section, the daughter is entitled have the preliminary decree amended claiming share as per provisions of new Section 6.

, 1956 ¯ Section 6 (As amended by Amendment Act 2005) ¯ New Section 6 provides for parity of rights in the ... 6 of the Hindu Succession Act was amended by Amendment Act 2005 ... , no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his ... By 2005 Amendment Act, Section 6 of the Hindu Succession Act, 1956 (for short ‘1956 Act’ ... of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section

India - Supreme Court

4. Swiss Ribbons Pvt. Ltd. VS Union of India - 25 Jan 19

IMPORTANT fPOINTSThe Code is a beneficial legislation which puts the corporate debtor back on its feet. It is not mere recovery legislation for creditors. Resolution process is not adversarial to the corporate debtor, rather protective of its interests. Union of India directed to set up circuit benches of NCLT in six months. Rules of business allocating matters arising under the Insolvency Code to Ministry of Corporate Affairs is mandatory in nature.There is an intelligible differentia between the financial and the operational creditors which has a direct relation to the objects sought to be achieved by the Code. Classification not violative of Article 14.Section 12A is valid.Section 29A is valid.

(xvi) father's father and mother, (xvii) mother's father and mother, p align=" ... Income Tax Act, 1961, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Finance Act, 1994, the Securitisation ... with a challenge to Section 6-A of the Delhi Special Police Establishment Act, 1946.

India - Supreme Court

5. Krishnamoorthy Gounder VS Sitarama Gounder - 24 Jul 02

Alienation by father can be done of 1/8th of the total property only.

Property-Alienation-French customary system-Alienation made by father questioned by son-Son can avail the remedy defined in chapter ... I & II of IX of the Civil Code-Father entitled to alienate only 1/8th of the total property. ... Section 38 of the Specific Relief Act has to be read with Section 41 ... under Section 41(h) as the coparcener has got equally efficacious remedy to get the sale set aside and recover possession of the ... Such a declaratory suit is not affected by the Indian Succession Act, 1956.

India - Madras

6. Jayaraman Kounder, S/o. Late Ranganatha Kounder VS Malathi, W/o. Gunasekaran - 02 Jan 19

Hindu Succession (Amendment) Act, 2005 - Section 6(1), 3 - Preliminary Decree - Subsequent purchaser - Recovery ... 6(1) of Hindu Succession Act, the Decree and Judgment passed in respect of item Nos.2 to 4 are liable to be set aside and accordingly ... Main provision of the Amendment in Section 6(1) and (3) is not in any manner intended to be affected but strengthened in this way ... Section 6 of the Hindu Succession Act is usefully extracted as follows: ''6. ... In view of the proviso to Section 6(1) of Hindu Succession Act, the Decree and Judgment passed in respect of item Nos.2 to 4 are ... of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub section

India - Madras

7. S. Sathappan (died) VS P. S. S. Somasundaram Chettiar - 13 Nov 02

Son has to prove that for illegal and immoral purposes father has alienated the properties.

Hindu Law-Alienation of property by father-Suit for partition filed by son-Son challenging that alienation made by father only for ... 15 of the Hindu Succession Act of 1956. ... Under Section 3 (2) and (3) of Hindu Womens Rights to Property Act, 1937, her right to demand ... The said suit was filed to recover the debt borrowed.

India - Madras

8. Kusum Rani VS Bala - 25 Oct 10

Provisions of Section 6(1) of the Act would not effect or invalidate any disposition or alienation including the partition or testamentary disposition of property which had taken place before 20th day of December 2004.

(Paras 11and 12) ... (ii) Hindu Succession Act, 1956—Section 6— Transfer ... 6(1) of the Act -she cannot challenge the disposition, alienation, partition of coparcenary property if it occurs before 20.12.04 ... favour of the member of the coparcenary, cannot be challenged by daughter as there is a clog on her right created by the proviso to Section ... his father, grandfather or great grand-father solely on the ground of the pious obligation under the Hindu law, of such son, grandson ... 2005, no court shall recognize any right to proceed against a son, grandson or great grand-son for the recovery of any debt due from ... of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in the sub-section

India - Current Civil Cases

9. Gannu @ Gaanu Ram VS Dhanmat Bai - 17 Jan 19

to have equal share in the ancestral property after the amendment in Section 6 of the Hindu Succession Act, 1956 (for short the ... Hindu Succession (Amendment) Act, 2005 – Whether daughter of a pre deceased karta/coparcener is entitled ... Court – Exact date of death of Ramai is not available on record, but in any case his death has taken place prior the date on which Section ... recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather ... 6 of the Hindu Succession Act, 1956 (for short 'the Act') w.e.f. 9.9.2005 ? ... For ready reference and convenience the amended Section 6 of the Act is quoted below: 6.

India - Chhattisgarh

10. Nachimuthu Gounder (deceased) VS Umamaheshwari - 11 Sep 18

a) and (d) - Hindu Succession Amendment Act 2005,- Section 6(4) and 25 - Plaintiffs against defendants for recovery of money and ... Criminal Procedure Code,1973 - Section 306 – Civil Procedure Code,1908 - Section 151, Order VII Rule 11( ... Recovery Tribunal, which their mother owed to the bank and accordingly it is stated that the petition laid by the defendants for ... is barred under Section 6(4) of Hindu Succession Amendment Act 2005, and it is also stated that the plaintiffs in their illegal ... , etc., under Section 25 of the Hindu Succession Act, 1956, the murderer stands disqualified for inheritance. ... process had paid money to HDFC Bank as per the orders of the Debt Recovery Tribunal and the Debt Recovery Tribunal had not granted

India - Madras