Since you have provided the case title as "Section 6 in The Hindu Succession Act, 1956" from "Union of India - Section" dated "17 June 1956," this appears to be a request to summarize the provisions of Section 6 of the Hindu Succession Act, 1956, rather than a specific court case. There is no "Union of India - Section" court. Therefore, I will summarize Section 6 of the Hindu Succession Act, 1956, as amended in 2005.
Short Summary
Section 6 of the Hindu Succession Act, 1956, as amended in 2005, deals with the devolution of coparcenary property in a Hindu Undivided Family (HUF). The amendment grants daughters equal rights as sons in the HUF property by birth, overruling the previous law that only recognized male members as coparceners.
Facts
Prior to the 2005 amendment, only male members of a Hindu Undivided Family (HUF) were considered coparceners, having a right by birth in the joint family property. Daughters were only entitled to a share upon partition. The amendment aimed to remove gender discrimination and provide daughters with equal inheritance rights. The key fact is the existence of Hindu Undivided Family property and the desire to reform inheritance laws concerning daughters.
Issues
The main legal issues addressed by the amendment to Section 6 were:
Petitioner's Arguments
In legal challenges to the interpretation of the amended Section 6 (though not a single "petitioner" in the original enactment), arguments typically revolved around:
Respondent's Arguments
Those opposing a broad interpretation of the amended Section 6 (again, not a single "respondent" in the original enactment) argued:
Court's Reasoning
The Supreme Court, in various cases interpreting the amended Section 6, has generally held that:
Conclusion
The amended Section 6 of the Hindu Succession Act, 1956, grants daughters equal rights as sons in coparcenary property within a Hindu Undivided Family. While the amendment is not fully retrospective, it applies to existing HUFs, ensuring daughters inherit equally. Completed partitions before December 20, 2004, remain valid, but the courts have emphasized the need for concrete evidence of partition.
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