Except to the extent that it extends the equal coparcenary right to a daughter born into a family right from her birth (naturally it will have retrospective effect), the Amendment Act, 2005 is not retrospective in nature for the following reasons:
1. The opening sentence of Section 6 states "On and fromthe commencementof the Hindu Succession (Amendment) Act, 2005." In fact the Act came into force only with effect from 9.9.2005.
2. It has attended condition viz., it will have no application in case where any disposition or alienation including any partition or testamentary disposition of property had taken place before 20.12.2004.
3. Thus, to get the benefit as per the amended Act, the following conditions need to be satisfied cumulatively: (i) she should have been born into the family; (ii) the undivided coparcenary property must exist on 20.12.2004; (iii) partition of the property ought not to have taken place prior to 20.12.2004.
If any one of the above three conditions fail, then the benefit under the amended Act will not be available.