Property Rights of A Daughter of Hindu Family
Jun 19, 2018 Legal Guidance
In December 2015, the Delhi High Court gave a ruling that the daughter of a Hindu family can be the Karta of the Hindu Undivided Family (HUF). The Hindu Succession Act is applicable to Hindus, Sikh, Jain and Buddhists. The roots of the amendment lie in the Act passed in 2005, Hindu Succession Act, 1956. This Law has drastically changed the way of rights of daughters in property of paternal HUF.
Position prior to the Hindu Succession Act, 2005
The Hindu law recognises the concept of HUF. This means that the member of the family which have the same ancestor or have descended from the same ancestor or are related to each other by birth or marriage were divided into two parts. The males were the coparceners and the female was the members of the family. All the coparceners are members but the same is not true another way.
In the property of HUF, the coparceners and member have different rights. The coparceners can ask for the partition of the property and to get the shares. The female members were entitled to maintenance and shares in the property. If the daughter of the family gets married, then she ceases to be a part of father’s HUF. Hence, she does not have any right to the family’s property of right to ask for maintenance or shares. Only the coparceners are the Karta of the property.
In the property of HUF, the coparceners and member have different rights. The coparceners can ask for the partition of the property and to get the shares. The female members were entitled to maintenance and shares in the property. If the daughter of the family gets married, then she ceases to be a part of father’s HUF. Hence, she does not have any right to the family’s property of right to ask for maintenance or shares. Only the coparceners are the Karta of the property.
Position after the amendment of Hindu succession Act 2005
Since September 2005, the Section 6 of Hindu succession right, 1956, has been amended and it deals with the rights of daughter and coparceners. The new amendment states that the daughters, born in the family, have the same right over the property as the coparceners.
The daughters can now ask for the right in the property, maintenance and ask for the division of the property. the females that have come into the family are still considered as the members and are therefore not considered for the same rights as the daughters of the family.
After the marriage, the daughter will cease to be a part of her paternal HUF and will continue to be a coparcener. If she is the eldest coparcener of her father’s HUF, then she can be the Karta of the family and is entitled to ask for her rights in her father’s property.
If the daughter is no more alive at the time of partition, then her children are entitled to the equal rights of the property that she would have received if she were alive. If none of her children is alive, then the grandchildren are entitled to the partition in the property that she would have received.
The daughters cannot gift her share in the HUF property while she is alive but is fully capable of giving away her share by the way of will. If she is not alive at the time of partition, then her share is not devolved among other HUF members but passed onto her legal heir.
The daughters can now ask for the right in the property, maintenance and ask for the division of the property. the females that have come into the family are still considered as the members and are therefore not considered for the same rights as the daughters of the family.
After the marriage, the daughter will cease to be a part of her paternal HUF and will continue to be a coparcener. If she is the eldest coparcener of her father’s HUF, then she can be the Karta of the family and is entitled to ask for her rights in her father’s property.
If the daughter is no more alive at the time of partition, then her children are entitled to the equal rights of the property that she would have received if she were alive. If none of her children is alive, then the grandchildren are entitled to the partition in the property that she would have received.
The daughters cannot gift her share in the HUF property while she is alive but is fully capable of giving away her share by the way of will. If she is not alive at the time of partition, then her share is not devolved among other HUF members but passed onto her legal heir.
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