HUF – Coparcenary – Rights of daughters in the coparcenary property governed by Mitakshara law are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. [Hindu Succession Act, 1956, Section 6]

Section 6 of the Hindu Succession Act, 1956 deals with devolution of interest of Coparcenary property. With a view to confer right upon the female heirs, even in relation to the joint family property governed by Mitakshara law, the Parliament amended section 6 by enacting the Hindu Succession (Amendment Act), 2005 which came into effect from 9-9-2005. Phulavati, daughter of Late Yeshwanth Chandrakant Upadhye (died on 18-2-1988) filed suit for partition in the Civil court somewhere in the year 1992. She amended her claim in the suit in terms of the Amendment Act of 2005.

The Karnataka High Court, on interpretation of section 6, held that the Amendment Act of 2005 would be applicable to pending proceedings. The matter travelled to the Apex Court.

The Apex Court held that the text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of Hindu Succession (Amendment) Act, 2005’. Accordingly, it was held that the 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. An amendment of a substantive provision is always prospective, unless either expressly or by necessary intendment it is retrospective. Even a social legislation cannot be given retrospective effect, unless so provided for or so intended by the legislature. Accordingly, the order of the High Court was set aside and the matter was remanded to the High Court for a fresh decision in accordance with law.