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Media type:
E-Article
Title:
Case Comment: Yagnaseni Patel v. The General Manager, Mahanadi Coalfields Ltd. & Ors. 2023 LiveLaw (Ori) 76
Contributor:
Verma, Saumya
Published:
Christ University Bangalore, 2024
Published in:
Christ University Law Journal, 12 (2024) 2, Seite 43-51
Language:
Not determined
DOI:
10.12728/culj.23.3
ISSN:
2278-4322
Origination:
Footnote:
Description:
This case commentary analyses the legal issue involved in the case of Yagnaseni Patel v. The General Manager, Mahanadi Coalfields Ltd. According to the Orissa High Court, the daughter has a claim to the father's property, the right is conferred at birth and the provisions respecting the rights apply on and from the date of the Amendment Act, 2005. The High Court stated that even though her father died before the 2005 Amendment, the daughter had a right. The Bench cited the case of Vineeta Sharma v. Rakesh Sharma and Others 2020 (II) OLR (SC) 569: (2020) 9 SCC 1 in which the Apex Court held that a daughter shall remain as coparcener throughout life, regardless of whether her father was alive when the law was amended in 2005 or not, emphasizing that the law is retrospective.
Keywords: “Hindu Succession Act”, “Property Right”, “Coparcenary Right”, “Retrospective Effect”