Hindu Succession Act, 1956 - Sections 6 and 8 - Applicability

Hindu Suc­ces­sion Act, 1956 — Sec­tions 6 and 8 — Applic­a­bil­ity — Hindu Suc­ces­sion Act, 1956 — Sec­tions 6 and 8 — Applic­a­bil­ity — Par­ties gov­erned by Mitak­shara law — Where deceased left him sur­viv­ing female rel­a­tive spec­i­fied in class I of sched­ule, his inter­est in Mitak­shara coparce­nary prop­erty shall devolve by intes­tate suc­ces­sion and not by sur­vivor­ship — First son is a coparcener — No evi­dence on record that sec­ond son was born prior to com­ing into force of the Act — Half share in prop­erty would devolve upon all his heirs and legal rep­re­sen­ta­tives — Court below were cor­rect in apply­ing Sec­tion 6 and hold­ing that Sec­tion 8 would have no appli­ca­tion — Impugned order passed by High Court that law applic­a­ble before the Act came into force would gov­ern rights of the par­ties mod­i­fied — Appeal allowed in part. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Hindu Succession Act, 1956 - Sections 6 and 8 - Applicability