Hindu Law – Whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act, 2005 is prospective or retrospective in operation?

The Hon’ble Bombay High Court, in its detailed judgment in Shri Badrinarayan Shankar Bhandari and Others Vs Ompraskash Shankar Bhandari has answered the question in the following manner;

1) Section 6 of Hindu Succession Act, 1956 as amended by the Amendment Act of 2005 is retroactive in operation;

2) Clause (a) of sub-section (1) of amended Section 6 is prospective in operation;

3) Clauses (b) and (c) and other parts of sub-section (1) as well as sub-section (2) of amended Section 6 are retrospective in operation;

4) Amended Section 6 applies to daughters born prior to 17 June 1956 or thereafter (between 17 June 1956 and 8 September 2005), provided they are alive on 9 September 2005 that is on the date when the Amendment Act of 2005 came into force. Admittedly amended Section 6 applies to daughters born on or after 9 September 2005;   

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