BINDU Vs. RAMANI

JUDGEMENT

(1.) The Review Petition is filed on two grounds ' (i) The observation of this Court in paragraph 10 of the judgment that, the Hindu Succession (Amendment) Act, 2005, is only prospective in operation, is not correct; (ii) Notional partitions prior to the amendment are not saved from the applicability of the amended Sec. 6 of the Hindu Succession Act. The Kerala Joint Hindu Family System (Abolition) Act, 1975, is having the effect of a notional partition which is not saved under the proviso to Sec. 6(1), nor is the benefit of Sec. 6(5) of the Hindu Succession Act, 1956 as amended, attracted, is the contention.

(2.) At paragraph 10 of the judgment sought to be reviewed, this Court held that :-

(3.) As regards the second contention, the answer is very much available at paragraph 17 of the judgment in Babu's case supra, which reads thus :-