Supreme Court: Hindu Succession Act ,2005 Amendment Does Not Limit Daughters' Pre-Existing Inheritance Rights U/S 8 of Hindu Succession Act

 (ii) Section 6(5) of the H.S. Act is a saving clause of narrow and strict application. It does not create a jurisdictional bar to the institution of a suit for partition. Whether a valid partition within the meaning of Section 6(5) has been effected, and whether such partition is binding on persons who were not parties to it, are contested questions of fact and law that must be adjudicated at trial. The High Court erred in rejecting the plaint at the threshold on the basis of Section 6(5).

(iii) The Appellants have an independent right Under Section 8 of the H.S. Act, 1956 as Class I heirs of the propositus who died intestate on 06.03.1985. This right accrued in 1985 by operation of the proviso to the erstwhile Section 6 read with Section 8, is independent of the 2005 Amendment, and is unaffected by Section 6(5). The suit is maintainable, at minimum, to the extent of the Appellants' claim in the share of the propositus.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7939 of 2026 (Arising out of SLP (C) No. 23709 of 2024)

B.S. Lalitha and Ors. Vs. Bhuvanesh and Ors.

Hon'ble Judges/Coram:

Augustine George Masih and Sanjay Karol, JJ.

Author: Augustine George Masih, J.

Citation: 2026 INSC 499, MANU/SC/0483/2026

Dated: MAY 15, 2026.

Read full judgment here: Click here.

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