DAUGHTERS RIGHT IN HINDU SUCCESSION ACT, 2005

According to the Hindu Succession Act, 1956, daughters were not entitled to get any right to the property of their ancestors. The root of this fact lies in the amendment passed to the Hindi Succession Act, 1956, in 2005. In December 2015, the Delhi High Court, stating that a daughter can be the ‘Karta’ of a HUF (Hindu Undivided Family) or she has equal rights in terms of their father’s assets and property.

PROPERTY RIGHTS BEFORE AMENDMENT OF THE HINDU SUCCESSION ACT, 2005

Before the amendment, when a daughter was married, she had been ceased to be part of her father’s Hindu Undivided Family. As per Hindu law, the concept of HUF means a family of persons who is lineally descended from a common ancestor and related to each other by birth or marriage. This common ancestor was divided into two parts. In the first category are coparceners, only males were recognized as coparceners of the HUF and all the females were recognized as members. Therefore, only a coparcener was entitled to become the Karta of the HUF, the female members were not entitled to become a Karta of the HUF.

There are different types of coparceners and members right in the property of HUF. Coparceners have the right to ask for partition of the property and to get the shares whereas, the female members of the HUF such as daughters and mothers, had the only right of maintenance from HUF property. When the partition of the HUF took place then female members to get a share in the property of HUF.

PROPERTY RIGHTS AFTER AMENDMENT OF THE HINDU SUCCESSION ACT, 2005

Section 6 of the Hindu Succession Act, 1956, which deals with coparcener’s right in the Hindu Undivided Family, was amended on September 9, 2005. After this amendment, the daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘Karta’ who manages his HUF property. This amendment grants, the daughter gets all the rights attached wit coparcenary, including the right to ask for partition of the property and to become a Karta of the HUF. Consequently, now the daughters have the same rights, duties, liabilities, and disabilities that were earlier limited to sons.

But only the daughters who are born in the Hindu Family will get the Coparcenary rights whereas, the other female members, who come into the family by virtue of marriage, are still treated as members only. However they are not entitled to ask for the partition, but when the partition takes place they are entitled to maintenance and share in the property.

MARRIED DAUGHTER’S RIGHT IN HINDU SUCCESSION AMENDMENT ACT, 2005

After Amendment, a married daughter will cease to be a member of her parental HUF but will continue to be a coparcener. Therefore, she is entitled to ask for partition of the HUF property as well as she becomes the ‘Karta’ of the HUF.

In case, if a married daughter who has died, her children shall be entitled to get the shares in the property that she would have received if she was alive on the date of the partition.

Moreover, the daughter cannot gift her share in the HUF property while is alive but she is fully able to give away her share in the HUF property through ‘will’. In case a will is not prepared, on her death, her share in the joint property shall not transfer to other members of the HUF but it will pass on to her legal Heirs.

Click here to read more about " Ancestral property".

IMPACT OF THE AMENDMENT

After the amendment, the daughters have the right to inherit, they will have equal claims to ancestral properties or equal rights in terms of their father’s assets and property.

Whereas, if the father decides to leave their assets equally among his children, the daughter too, will be entitled to get an equal share in the property being distributed.

Author:

eStartIndia Team