Reviewed case brief

Prakash v Phulavati

(2016) 2 SCC 36

(2016) 2 SCC 36 · Supreme Court of India

coparcenarydaughters-rightsection-6hindu-succession-actprospectiveoverruled
Court
Supreme Court of India
Year
2016
Subjects
Family Law I (Hindu Law)
Reviewed
2026-08-02

Rule established

The rights conferred on daughters as coparceners under the 2005 amendment to Section 6 of the Hindu Succession Act are prospective; a daughter can claim coparcenary rights only if both the daughter and her father coparcener were alive on the date the amendment came into force, 9 September 2005. This position was later disapproved in Vineeta Sharma v Rakesh Sharma (2020).

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        (2016) 2 SCC 36; superseded by Vineeta Sharma v Rakesh Sharma (2020), cross-verify citation before exam use

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.