GIST OF THE KARNATAKA HIGH COURT JUDGEMENT – HINDU SUCCESSION ACT 1956( AS AMENDED BY ACT 39 OF 2005) Testamentary Disposition – Right to succession- Scope and ambit of sec 6- HELD, Hindu Succession Act, 1956 ( as amended by Act 39 of 2005), is a law relating to intestate succession and regulates succession to properties of all Hindus. The only provision under the Act, which provides for testamentary succession also is sec 30. Under that sec a Hindu is permitted to dispose of any of his or her property by will or other testamentary disposition. It follows therefore, that the provisions of the Act can be enforced when the right to succession opens and not before – The scope and ambit of sec 6 declaring that on and from the commencement of Act 39 of 2005-The daughter of a co-parcener in a joint Hindu family shall be birth become a co-parcener as the son and have the same rights and liabilities as a son, can only be construed for deciding the share that devolves on her when her right to succession opens, having regard to the scope and ambit of the Act iself, -ON FACTS, HELD, The petitioner’s father is said to be alive and hence her right to succession as a co-parcener has not opened. The heading of sec 6 itself would indicate that it concerns the interest in co-parcenary property that would “devolve” on the daughter, “ Devolve” means to pass from a person dying to person living. The Meaning of this judgement is that “ Only succession opens after the death of the father, even though daughter is co-parcener” REPORTED IN ILR KAR SEPT 2009.
Tags :Civil Law