• HUF property

Are daughters married prior to 1-9-2005 co-parcerners in HUF. Can they claim over HUF property?
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Yes they have valid claim over the property and can treated as coparcener HUF. Marriage doesn't invalidate daughters claim over the HUF property.

Dishari Chakrabarti
Advocate, Kolkata
9 Answers

4.0 on 5.0

If daughter was married before the amendment came in force on 20th September 2005 then she is not entitled for any share in Hindu undivided family property. The Supreme Court of India has settled the law that only coparcener can claim sharing the Hindu undivided family property.  the Amendment Act of 2005 included the daughter as coparcener in the joint family. as far as your case is concerned your daughter was married before 1st September 2005 hence she was never a coparcener. 

Shivendra Pratap Singh
Advocate, Lucknow
5105 Answers
78 Consultations

4.9 on 5.0

Dear Client

Earlier to 2005 amendment, daughters ceased to be a member of father`s HUF after marriage, And after amendment, married daughter is considered co - parcerner like a son.

Amendment applies to daughters who are married before 2005 but the condition precedent that the property is not partitioned and remained HUF.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

As per the latest Supreme Court Judgement, the daughters by birth they become co-parcenars and they will have right over the property.

Pradeep Bharathipura
Advocate, Bangalore
4619 Answers
229 Consultations

4.5 on 5.0

Daughters married before 2005 can claim share in HUF property

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Hi, as per recent Supreme Court Judgement Daughter by birth will become co-parcener.

Pradeep Bharathipura
Advocate, Bangalore
4619 Answers
229 Consultations

4.5 on 5.0

If the property is not divided and still HUF when amendment incorporated, daughter married before such amendment have co parcener right.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Both father and daughter should be alive on date in September 2005 when amendment act came into force

The property should not have been partitioned

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

No, that amendment is not applicable on your case because your daughter was married before the amendment came into force.

Shivendra Pratap Singh
Advocate, Lucknow
5105 Answers
78 Consultations

4.9 on 5.0

HI

1) Supreme court in what is known as " Phulavati Case" has held that a plain reading of the statute (Hindu Succession( Amendment) Act 2005 itself suggests that a daughter has a right in coparcenary property after the commencement of Hindu Succession (Amendment Act)

2) Please note that the wording in the amended act is "Daughter" whether married or unmarried is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property.

3) Supreme court has vide this judgment categorically reiterated that the said amendment has removed the inequalities that existed in earlier hindu succession act between married and unmarried woman.

4) So daughter married prior to 1-09-2005 can stake a claim over HUF property provided

a) the father is alive as of 01-09-2005 and

b) the daughter(married/unmarried) is also alive as of 01-09-2005 and

c) No distributions of such properties of persons who passed away prior to 9 September 2005 can be re-opened or questioned by daughters.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1656 Answers
297 Consultations

5.0 on 5.0

Date of marriage is not relevant date of fathers death is relevant.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

“We are unable to find any reason to hold that birth of the daughter after the amendment was a necessary condition for its applicability. All that is required is that daughter should be alive and her father should also be alive on the date of amendment

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

No in an coparcenary property karta is just manager of property all the coparceners of the coparcenary have equal rights equal share the share changes on death or birth of member of coparcenary not on karta will.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

You can by will bequeath your share in HUF property as you please

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

The central amendment conferring equal rights to daughters in the ancestral properties came into effect in the year2005 has no retrospective effect hence you may not be entitled.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

There is no subsequent amendment to this.

You have been misinformed about this.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Karta is just a manager, he has no discretion to divide the shares in the property discriminately at his will or whims.

All the coparcaners are entitled to an equal share.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

You are free to bequeath your share in the property to any of your choice or disinherit. Equals distribution lies with partition not in personal property/share.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Your son, daughter and your son's son and daughters.

Dishari Chakrabarti
Advocate, Kolkata
9 Answers

4.0 on 5.0

HUF includes those persons who acquired by birth, an interest in joint family property.

If property is self acquired by you than they are not coparcener but member in the HUF, as birth right arise in the 4th generation in ancestral property.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

your grand sons would also be coparceners of HUF

in hindu law father , father son , grandson would be coparceners by birth

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

The coparceners are yourself, your wife, your son, his children and your daughter. The children of your daughter are not coparceners.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Under the Mitakshara School of Hindu Law there are two distinct concepts being of (i) “A Joint Hindu family” and (ii) “A Hindu coparcenary”. So far as the concept of “Joint Hindu family” or an “HUF” under Hindu Law is concerned, it simply means a Hindu family consisting of all persons lineally descended from a common male ancestor together with their wives and unmarried daughters. Thus, the term “Family” signifies group of people or plurality of members mutually related by blood or by marriage or by adoption. Neither is it necessary that there must be two existing male members to constitute a Hindu joint family nor is it necessary that there must be at least one existing male member in the family to constitute

A Hindu coparcenary” is still a narrower term than a Hindu joint family. A Hindu coparcenary, under Mitakshara School of Hindu Law, consists of a common male ancestor together with his lineal descendants in the male line within three generations (degrees) next to him or within four generations/degrees inclusive of such ancestor, in unbroken line of male descent. No coparcenary can commence without, a common male ancestor, though after his death, it may consist of collaterals like brothers, uncles and nephews, cousins, etc. Thus, a Hindu coparcenary will include a common male ancestor, his sons, his grandsons and his great-grandsons. These male persons, three generations next to the holder of joint/coparcenary property are coparceners or the members of Hindu coparcenary (under Mitakshara School) and they acquire by birth an interest in the coparcenary property. A coparcener has a right to enforce partition of coparcenary property.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

From September 9, 2005 when Hindu Succession (Amendment) Act 2005 was enacted daughters were also considered as coparceners and property shall be allotted to her as given to sons.Daughter even after marriage will remain a coparcener in her father’s as well as a member in the husband’s HUF. Here son of daughter comes under Class 1 heir as stated under the Act and thus he would be liable to be a coparcener of maternal grandfather’s HUF. In Smt. Bhagirathi and Others v. S. Manivanan and Anr case madras Court held that Hindu Succession (Amendment) Act considers a daughter to be a coparcener only if her father was a coparcener when the amended act came into force.The words son, grandson or great-grandson has been added to all who were born before to the commencement of the Hindu Succession (Amendment) Act, 2005. Hindu joint family consists upto 4 generations who acquire an interest in the Coparcenary property by birth. Since daughter has been given the right as coparcener along with son here daughter’s daughter will come under 4 generations and thus share of the pre-deceased daughter shall be given to the children of such daughter as the case may be is explained under Hindu Succession (Amendment) Act 2005. Section 10 of the Act states that the children of the pre-deceased daughter shall get equal portions in the share of the property.

So in your case son daughter and deceased daughter children and children of your son are coparcener in your huf property.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

The share of the deceased daughter shall devolve on her own legal heirs namely her children and husband, provided she is reported to have died after the amended act came into effect i.e., in the year 2005.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Father (Amit)

2. Son (Basu)

3. Son’s son (Dilip)

4. Son’s daughter (Pooja)

5. Daughter 1 (Kulshri)

6)tejas

7) saloni

8) arav

9) priya

would be co parceners of HUF

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

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