Hindu Succession (Amendment) Act, 2005: ss.6(1), 6(3), 6(5) - Whether the Act will have retrospective operation — Held: No — The legislature has. expressly made the Amendment applicable on and from its . commencement. s.6(1), (5), proviso — Right of daughter of coparcener in copaicenery properties — Held: Rights under the amendment are applicable to living daughters of living coparceners as on 9" September, 2005 irrespective of when such daughiers are born — Proviso to s.6(1) and s.6(5) clearly intend to exclude the transactions referred to therein which may have taken place prior fo 20" December, 2004 on which date the Bill was introduced -— Therefore, disposition or alienation - including partitions which may have taken place before 20% December, 2004 as per law applicable prior to the said date to remain unaffected. interpretation of statutes:

Harmonious construction — Held: Normal rule is to read the words of a statute in ordinary sense — In case of apparent conflict, harmonious meaning to advance the object and intention of legislature has to be given.

Proviso — Significance of — Held: Normal rule is that a proviso excepts something out of the enactment which would otherwise be within the purview of the enactment but if the text, context or purpose so require a different rule may apply. Explanation — Significance of — Held: Is to explain the meaning of words of the section but if the language or purpose so require, the explanation can be so interpreted.