ISSUE:
Whether the suit property’s devolution be governed by the amended Section 6 of the Hindu Succession Act, 1956, and whether the provisions of Section 8 of the Hindu Succession Act of 1956 would apply to the facts of the present case or would the law as applicable before the enforcement of the 1956 Act apply?
RULE:
If the date of succession is before the insertion of the Amendment Act, then the said Act cannot be made applicable retrospectively
As long as a property remains in the hands of a single person, the same was to be treated as a separate property, and thus such a person would be entitled to dispose of the coparcenary property as the same were his separate property, but, if a son is subsequently born to him or adopted by him, the alienation whether it is by way of sale, mortgage or gift, will nevertheless stand, for a son cannot object to alienations so made by his father before he was born or begotten. But once a son is born, it becomes a coparcenary property and he would acquire an interest therein.