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repealing and amending act 2015- hindu succession act

practicing advocate

Whether the repealing and amending Act, 2015(Act 17 of 2015) which repealed HIndu Scucession Act, 2005 to the whole extent, has the effect of repealing amended sec.6 and restoring the old sec.6 of Hindu Succession Act and there by take away the status of co-parcener conferred on the daughter giving them equal right with the sons in the coparcenary property........

The amendments made to Hindu succession act in the year 2005, became part of the act and the same is given retrospective effect from the day the principal act came into force in the year 1956, as if the same amended provisions was in operation at that time.... The main object of a repealing and amending act is only to strike out the unnecessary acts and excise dead matter from the statute book in order to lighten the burden of ever increasing spate of legislation and to remove confusion from the public mind.  In other words, the repealing and amending act is enacted not to bring in any change in law, but to remove enactments which have become unnecessary.......

KCCR 2015 KARNATAKA HIGH COURT 3091

 
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In prakash vs phulavathi supreme court gave a shocking verdict succession act is prospective in nature and both daughter as well as father should be alive on september 9 2005 when succession act came into force tham only daughters will have coparcener rights equal to son
 
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» TODAY'S PAPER » NATIONAL
BENGALURU, October 24, 2015
 

‘Law on equal right for daughters in ancestral properties is prospective’

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In a verdict that can have a cascading effect on matters related to partition of ancestral properties with regard to equal right for daughters, the Supreme Court has declared that the coparcener rights are applicable to “living daughters of living coparceners as on September 9, 2005, irrespective of when such daughters are born.”

The apex court was dealing with various judgments of different High Courts, including from the Karnataka High Court, differing in their views on the applicability of the Hindu Succession (Amendment) Act, 2005.

The amendments of 2005 gave equal right to daughters in coparcener properties by removing the discrimination that existed in the original enactment, the Hindu Succession Act, 1956 against Hindu women on rights over ancestral properties.

Also, the Supreme Court declared that the provisions of the Hindu Succession (Amendment) Act, 2005, are applicable “prospectively” [on and from September 9, 2005, when the Act came into force], and not with “retrospective” effect as held by some High Courts in the country.

A Bench comprising Justice Anil R Dave and Justice A.K. Goel, in its October 16, 2015, interpreted the succession law while setting aside the judgment of the Karnataka High Court in the case Prakash Vs Phulavati of 2010.

The Karnataka High Court had held that daughters would be entitled to equal share even if father had died prior to September 9, 2005, when litigations over partition were pending in courts.

The text of the 2005 amendment, the apex court said, itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of the Hindu Succession (Amendment) Act, 2005.”

“In view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. An amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective,” the Supreme Court said.

In the present amendment Act of 2005, the apex court said, “There is neither any express provision for giving retrospective effect to the amended provision nor necessary intendment to that effect.”

“We are unable to find any reason to hold that birth of the daughter after the amendment was a necessary condition for its applicability. All that is required is that daughter should be alive and her father should also be alive on the date of amendment,” the apex court said.

 
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http://www.thehindu.com/todays-paper/tp-national/law-on-equal-right-for-daughters-in-ancestral-properties-is-prospective/article7798323.ece

 
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p

Sorry to reopen this query 

It seems query was one , and ans. was concentrated on some thing else

Repeal and Amending Act ----- Regarding this was query and if it affect Hindu Succession Act 2005 ammedment , regarding amending act nothing was clarified to my friend. I hence prefer to ans. it

1) When Principle Act is passed by Parliament/Assembly (for sake of brevity I use only parliament) and some amendment required in Principle act then this Amending Act is introduced in parliament. Its main job is to only amend the Principle act and after doing its work this act is of no use.

2) Hindu Succession Amendment Act 2005 was passed and its main job was  to amend principle act Hindu Succession Act 1956 , the moment President of India signed that act logically the amending act did its job and was obsolete next monent. 

3) It was published for gazette of India (Official news paper of Govt of India) for public information

4) Now once the work of Amending act was over , it was obsolete dead wood pending in Statue Book of India

5) So such dead wood is removed frequently

6) There are many such dead wood pending in Statue book , additionally there are some principle act who have lost relivance and thus they too are called obsolete , Famous obsolete law is you can pay 500 Rs. fine and kill elephant and forget it. So such law too are danngerous . 

7) BJP Govt decided to clean all ammending acts and also dangerous act like elephant related law which I mentioned

8) This act can be removed from statue book by only other act. So to remove all such act Repealling and Amending Act is introuced.

9) Proper word should be Repealled act , but while repealling some time some act requires amendment too so they inserted amending word to that title. And thus it became Repelling and Amending Act 

10) This act is only for removing dead wood ,  they are  not  going to touch law which is used or enforcable. Rather such obsolete law and dead wood  are present  only to confuse fresher and new person and misguide them completely

11) I hope i cleared some confusion of author regarding Repeal and Amending Act

12) Remaining Hindu Succession Act query is rightly replied by elders above 
 

 
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