Daughter Born Before 2004 Partition Cannot Claim Share under Hindu Succession Act : Karnataka HC

The Karnataka High Court ruled that a daughter born before a partition that took place before December 20, 2004, cannot claim a share in her father’s property or challenge his alienation after the 2005 amendment to Section 6 of the Hindu Succession Act.

The Court dismissed an appeal by Prafulla M. Bhat and others, upholding a gift deed executed by Mahadev in favor of his second wife.

The court emphasized that Section 6(5) of Hindu Succession Act protects pre-2004 partitions, preventing daughters born before them from claiming coparcenary rights in their father’s share under the amended law.