Prakash v. Phulavati

Citation(2016) 2 SCC 36
Bench2-judge
Date of Decision16 October 2015
CategoryHUF Partition
Statutes Cited["Hindu Succession Act 1956 - Section 6","Hindu Succession (Amendment) Act 2005"]

Ratio Decidendi

Section 6 of HSA as amended in 2005 was held prospective — both father and daughter must be alive on 09.09.2005. NOTE: Overruled by Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1 which held Section 6 applies retrospectively.

Headnotes

["Section 6 amendment held prospective not retrospective","Both father and daughter must be alive on 09.09.2005","Rights do not apply to partitions before 20.12.2004","Overruled by Vineeta Sharma (2020)","Historical marker in daughters rights jurisprudence"]

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Our Analysis

Prakash v. Phulavati: The HUF Partition Ruling That Law Overturned by Nitin Patel · 8 April 2026