WHEN SUCESSION HAS BEEN ALREADY OPENED IN STATE AMENDMENT, CENTRAL AMENDMENT DOES NOT TAKE AWAY SUCH RIGHT

Sheela Devi & Ors. v. Lal Chand & Anr. [(2006 (8) SCC 581], held: "21. The Act indisputably would prevail over the old Hindu law. We may notice that Parliament, with a view to confer right upon the female heirs, even in relation to the joint family property, enacted the Hindu Succession Act, 2005. Such a provision was enacted as far back in 1987 by the State of Andhra Pradesh. The succession having opened in 1989, evidently, the provisions of the Amendment Act, 2005 would have no application.” …….. The principle of law applicable in this case is that so long a property remains in the hands of a single person, the same was to be treated as a separate property, and thus such a person would be entitled to dispose of the coparcenary property as the same were his separate property, but, if a son is subsequently born to him or adopted by him, the alienation whether it is by way of sale, mortgage or gift, will nevertheless stand, for a son cannot object to alienations so made by his father before he was born or begotten, But once a son is born, it becomes a coparcenary property and he would acquire an interest therein.