Prakash & Ors. Vs. Phulavati & Ors.
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Head Note
Civil Law - Hindu Succession (Amendment)
Hindu Succession (Amendment) Act, 2005 - Hindu Succession - Whether Amendment Retrospective - Held that there is neither any express provision for giving retrospective effect to the amended provision nor necessary intendment to that effect - Rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born - Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected - Any transaction of partition effected thereafter will be governed by the Explanation.
Topic(s)-Hindu Succession - Amendment Retrospective - No