ISSUE:
Whether the plaintiffs (respondents) were entitled to separate shares by way of partition though they were married before 1994 under Succession Act, 1956 in view of Maharashtra Amendment 1994?
RULE:
Married daughters do not qualify for coparcenary rights under the Maharashtra amendment. Moreover, the 1994 amendment to Hindu Succession Act, (Maharashtra Amendment) granting equal coparcenary rights to daughters, applies only if the father (coparcener) was alive on or after June 22, 1994.
The amendment in respect of such a right to the extent of share in a dwelling house cannot have retrospective application and the right in a dwelling house cannot be translated into action unless the male heir would give up possession of the same.