Document Fragment View
Fragment Information
Showing contexts for: right to be forgotten in Smt. Leelabai Wd/O Dagduba Hingne vs Sau. Bhikabai Shriram Pakhare on 28 March, 2014Matching Fragments
25 I have already held that right conferred under new Section 6 relates back to the event of birth and if at that time the coparcenary is in existence, in the instant case, it was in existence, all the rights of a male coparcener would flow towards the daughter-coparcener and enrich the daughter-coparcener in accordance with the Section. In the instant case, there would also be no question of devolution of the property upon Dagduba, the sole coparcener, as per the earlier law, as respondent has not claimed her share in the property through Kashinath and has claimed it in her own right. New Section 6, it cannot be forgotten, makes her a coparcener in her own right. The property was admittedly ancestral and, it is nobody's case that there was disposition of the property through testamentary succession. Therefore, I find no merit in the argument so canvassed in this behalf by the learned Counsel for the appellants.