ISSUE:
Whether the amended Section 6 of The Hindu Succession (Amendment) Act of 2005 requires the coparcener to be alive as on 09.09.2020, for the daughter to claim rights in the coparcenary property?
Whether the amended Section 6 of the Act of 2005 is prospective, retrospective or retroactive?
RULE:
The right conferred on a daughter, in the coparcenary property is by birth and hence, it is not necessary that the father be alive as on 09.09.2005 and the amendment by way substitution of Section 6 of Act of 2005 is retroactive in nature.