2005 amendment of hindu succession act

Querist : Anonymous (Querist) 07 December 2015 This query is : Resolved
Dear sir
is hindu succession act amendment 2005 has retrospective effect.?
...is it applicable for 2014 filed cases?
In dis situation can we file ia for rejection of plaint..?
.bcz here now huf daughters father died on 1965

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Kumar Doab (Expert) 07 December 2015
Query by anonymous. So no reply.

Advocate Bhartesh goyal (Expert) 07 December 2015
Anonymous query no reply

Rajendra K Goyal (Expert) 07 December 2015
No reply to query from anonymous.

Nadeem Qureshi (Expert) 07 December 2015
identify your self to get our opinion.

R.K Nanda (Expert) 07 December 2015
no reply 2aq.

Querist : Anonymous (Querist) 09 December 2015
M nraj.Huf frm family

K.S.Srinivas (Expert) 11 December 2015
The Hon’ble Supreme Court has recently passed a judgment in respect of whether the amendment of 2005 to the Hindu Succession Act (“The Amendment Act”) is prospective or retrospective. It has passed the said judgment in a bunch of Petitions on 16th October 2015. The Judgment is passed by the Bench of Justice Anil R. Dave and Justice Adarsh Kumar Goel.

The Hon’ble Supreme Court, in the said judgment held as under:

“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.”

To conclude in a nutshell, as to whether the Hindu Succession (Amendment) Act, 2005, will have a retrospective or prospective effect, the Hon’ble Supreme Court has held that all that is required is that daughter should be alive and her father should also be alive on the date of the amendment.

T. Kalaiselvan, Advocate (Expert) 14 December 2015
The amendment to HSA in the year 2005 has no retrospective effect.
The coparcenery rights to women prior to 2005 are not available.
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