Supreme Court - On the Amendment of 2005 of Hindu Succession Act
In the Judgment of Danamma@ Suman Surpur & Anr. V/s Amar & Anr. A partition suit was filed by one of the coparcener, herein it was pleaded that the appellants in the very case i.e. daughters were not coparceners in the joint family as they were born prior to the enactment of Hindu Succession Act, 1956. The trial Court while decreeing the suit held that the appellants herein the case, were not entitled to any share as they were born prior to the enactment of the said act.
The same view of the Trial Court was upheld by the High Court in the impugned judgment dated January 25, 2012 thereby confirming the decree dated August 09,2007 passed in the suit filed for partition.
However,on later stage Hon’ble Supreme Court relying on various judgments and considering the Amendment of 2005 of Hindu Succession Act concluded that share will also devolve upon the appellants. There were two sons, two daughters and a widow, thus both the appellants will be entitled with 1/5th share in the suit property.