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A birds-eye view of the law of succession amongst Hindu’s with reference to Supreme Court full bench decision August 27, 2020
Published in: Articles
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The recent full Bench decision of the Hon’ble Supreme Court of India in the matter of Vineeta Sharma versus Rakesh Sharma & Ors. Diary No.32601 of 2018 is being lauded as a landmark decision removing any apparent ambiguity in the interpretation of section 6 of the Hindu Succession Act, 1956 (“the Act of 1956”, for short) as amended by the Hindu Succession (Amendment) Act, 2005 (“Amendment Act”, for short), which had arisen due to conflicting verdicts of two division Benches of the Supreme Court in Prakash & Ors. vs. Phulavati & Ors., (2016) 2 SCC 36 and Danamma @ Suman Surpur & Anr. vs. Amar & Ors., (2018) 3 SCC 343.
It has been authoritatively held that that daughter shall remain a coparcener throughout her life, irrespective of whether her father was alive on the date the Amendment Act came into force or not. However, we must look at the scheme of the Act of 1956 in order be able to fully appreciate the scope of the Amendment Act and effect of the latest judgment of the Supreme Court. The codification of Hindu personal law was done for the first time by passing of the Act of 1956. It brought about some radical changes in the law of succession without abolishing the concept of joint Hindu family and coparcenary.
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