SPECIAL LEAVE PETITION FORMAT

(SPECIAL LEAVE PETITION FORMAT)

IN THE SUPREME COURT OF INDIA

(Order XVI Rule 4 (1) (a))

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION

(Under Article 136 of the Constitution of India)

SLP (Civil) No. ____________/ 2024

(Against judgment and final order  passed by Hon’ble High Court  of XXXX in  Case bearing No. xx/xxxx)

IN THE MATTER OF:

		Position of Parties
		Supreme Court	High Court
Between
D		Petitioner	Respondent
E		Petitioner	Respondent
	Vs.
B		Respondent	Respondent
C		Respondent	Respondent
F		Respondent	Petitioner
G		Respondent	Respondent
H		Respondent	Respondent
I		Respondent	Respondent
J		Respondent	Respondent
K		Respondent	Respondent

To the Hon’ble Chief Justice of India

and his companion judges of the Supreme Court of India

                                                                                           The Special Leave Petition of the

                                                                                           Petitioner most respectfully showeth :

1. The Petitioner abovenamed respectfully submits this petition seeking special leave to appeal against judgment of the High Court of XXXX dated xx/xxxx whereby the High Court has confirmed the decree passed by the Trail Court.

2. QUESTIONS OF LAW

The following questions of law arises for consideration of this Hon’ble Court.

1. Whether provisions of Hindu Succession (Amendment) Act, 2005 is applicable to daughters who are born prior to 2005 ?
2. Whether provisions of Hindu Succession (Amendment) Act, 2005 is applicable to suits which were filed prior to commencement of  Amendment Act  ?
3. Whether D and E are coparceners in property in question ?

3. DECLARATION IN TERMS OF RULE 4 (2)

The Petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment and order.

4. DECLARATION IN TERMS OF RULE 6

The annexures produced alongwith the SLP are true copies of the pleadings/documents which form part of records of the case in Court/Tribunal below against whose order the leave to appeal is sought for in this petition.

5. GROUNDS

Leave of appeal are sought on following grounds.

1. Because the Hon’ble High Court have failed to appreciate the essence of the 2005 amendment to the Hindu Succession Act, which enlarged the scope of rights of daughter in coparcenary property.
2. Because the Hon’ble High Court failed to appreciate the scope Amended Section 6 (1) provides that from the commencement of Amendment Act a daughter will also become coparcener in the joint family property and will have same rights as that of a daughter.
3. Because the Hon’ble High Court failed to appreciate the scope of  Amended Section 6 (3) provides that if a  Hindu dies after commencement of Hindu Succession (Amendment) Act 2005, his interest in joint family will be governed by Mitakshara Law will devolve by testamentary succession or intestate succession as the case may be and not be survivorship. Coparcenary property will be deemed to be divided as if a partition has taken place.
4. Because in the instant case A has died in 2001 leaving behind his widow two sons B and C and two daughters D and E and their respective families. B has two sons F and G and one daughter H. C has one Son I and two daughters J and K. The provisions of 6 (1) is applicable to all daughters since the commencement of Amendment Act. Whether the birth of a daughter is before or after the commencement of the Amendment Act is irrelevant.
5. Because the Hon’ble High Court failed to appreciate that the provisions of Amended Section 6 (3) regarding deemed  partition  will also be applicable to such cases which are pending before Courts.

6. GROUNDS FOR INTERIM RELIEF

A. The Petitioner has a good case in the matter and likely to succeed in the matter.

B. Because if the stay is not granted the property belonging to the Petitioners may be transferred  to third party.

7. MAIN PRAYER

In facts and circumstances of the case, It is prayed that this Hon’ble Court may be pleased to :

(i) Grant Special Leave to appeal against judgment passed by Hon’ble High Court.

(ii) Pass such order(s)/directions as this Hon’ble court may deem fit and proper.

8.INTERIM RELIEFS

In the facts and circumstances of the case, it is prayed that this Hon’ble Court may be pleased to:

(i) Stay the execution of judgment of the Hon’ble High Court.

(ii) Pass such order(s)/direction(s) as this Hon’ble Court may deem fit and proper.

ADVOCATE FOR THE PETITIONER

PLACE

DATE

Note: Special Leave Petition has to be accompanied by Synopsis, List of Dates, Affidavit etc.

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