Vineeta Sharma v. Rakesh Sharma

Vineeta Sharma v. Rakesh Sharma

(Supreme Court Of India)

Civil Appeal No. 32601/2018 | 05-12-2018

1. There is a conflict of opinion in two Division Bench Judgments of this Court i.e. Prakash vs. Phulavati, (2016) 2 SCC 36 [LQ/SC/2015/1454] and Danamma @ Suman Surpur vs. Amar, (2018) 3 SCC 343 [LQ/SC/2018/130] with regard to interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act of 2005.

2. In view thereof, this matter has to be heard by a Bench of three Judge. Though we are sitting in combination of three Judge Bench, learned counsel for the respondent has drawn our attention to Order VI Rule 2 of the Supreme Court Rules, 2013 as per which the matter is to be referred to Honble the Chief Justice and it is for the Honble Chief Justice to constitute a Bench for hearing the matter.

3. We accordingly direct the Registry to place the matter before Honble the Chief Justice for constitution of the Bench.

Advocate List
Bench
  • HON'BLE MR. JUSTICE A.K. SIKRI
  • HON'BLE MR. JUSTICE ASHOK BHUSHAN
  • HON'BLE MR. JUSTICE S. ABDUL NAZEER
Eq Citations
  • (2019) 3 SCC CIVIL 171
  • (2019) 6 SCC 162
  • LQ/SC/2018/1560
Head Note

Hindu Succession Act, 1956 — S. 6 — Succession to coparcenary property — Conflict of opinion in two Division Bench Judgments of Supreme Court with regard to interpretation of S. 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession Amendment Act of 2005 — Matter referred to Honble Chief Justice for constitution of Bench