Supreme Court

Prakash and ors v. Phulavati and ors.

16.10.2015

Family

No retrospective relief for Hindu women in succession

In a case where a daughter contested having only a share in the self-acquired property of her father, but not in the entire property, the Supreme Court held that she could not claim retrospective application of the Hindu Succession (Amendment) Act, 2005, which would have put her on level pegging as a son. It determined that to avail benefit under the Amendment, her father should have been alive post its introduction for it to be the relevant law in force at the time of his death. The Court also deliberated gender discrimination, making several observations on bias against women by religious custom and in the workplace, inviting public interest litigation for the same.

Relevant

Ms. Vaishali Satish Ganorkar & Anr. v. Mr. Satish Keshaorao Ganorkar & Ors. MANU/MH/0090/2012
Gurupad Khandappa Magdum vs . Hirabai Khandappa Magdum and Ors . MANU/SC/0407/1978
Section 6 Hindu Succession Act, 1956 Act

Tags : Hindu succession retrospective application

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