- (1.) Leave granted.
(2.) Effect of the amendment in the Hindu Succession Act, 1956 (for short "the Act") by reason of the Hindu Succession (Amendment) Act, 2005 (for short "the 2005 Act") insofar as therein Section 23 has been omitted is the question involved herein.
(3.) The said question arises in the following factual matrix. The property in suit was owned by one Govinda Singh. He purported to have executed a Will in favour of his son, the appellant herein on 29.11.1995. His wife Sakunthala Bai predeceased him. The said Govinda Singh died on 9.01.1996 leaving behind the appellant (original defendant No. 1) and four daughters, viz., Geetha and Vijaya (plaintiffs) and Shanthi and Uma (original defendant Nos. 2 and 3). Indisputably, the parties to the suit were residing in the premises in suit. Govinda Singh was also a government contractor. He was running a business of transport. His daughters were also partners in the firm. Inter alia on the premise that Govinda Singh died intestate and as disputes and differences arose between the plaintiffs and the defendants as regards enjoyment of the property, a suit for partition was filed on 11.03.1996 (marked as C.S. No. 153 of 1996) in the High Court of Judicature at Madras. The suit property inter alia consisted of residential premises being No. 36, First Cross Street, West C.I.T. Nagar, Madras - 600 035 as also some movable properties.;