ValkyaEditorial

Tagged “res-judicata”

1 article on res-judicata.

Landmark JudgmentSupreme Court of India

B.S. Lalitha v. Bhuvanesh: Section 6(5) is a narrow saving clause, not a jurisdictional bar

On 15 May 2026, a two-judge bench held that Section 6(5) of the Hindu Succession Act 1956 is a narrow saving clause that protects pre-20 December 2004 partitions from the retroactive coparcenary amendment of 2005, but does not bar a partition suit and does not displace daughters' independent Section 8 rights — which accrued on the intestate's death and pre-existed the 2005 amendment. An oral partition among sons alone cannot defeat the daughters' succession share, and a second Order VII Rule 11 CPC application on identical grounds is barred by res judicata.

Valkya Editorial··11 min