Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Under the amended S.6, since the right is given by birth, that is an antecedent event, and the provisions operate concerning claiming rights on and from the date of Amendment Act...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Provisions contained in S.6(4) also make it clear that provisions of S.6 are not retrospective as the rights and liabilities are both from the commencement of the Amendment Act...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Daughter would step into the coparcenary as that of a son by taking birth before or after the Act - However, daughter born before can claim these rights only with effect from the date of the amendment, i.e., 9.9.2005 with saving of past transactions as..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law -..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary - Partition - Right to claim partition is a significant basic feature of the coparcenary, and a coparcener is one who can claim partition - Daughter has now become entitled to claim partition of coparcenary w.e.f. 9.9.2005, which is a vital change brought about by the..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time...........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu female got property in lieu of her pre-existing right of maintenance - Limited interest created in favour of Hindu female by her husband stood enlarged and she became absolute owner of suit properties - Sale made by Hindu female of suit property held, proper...........
