Can a married daughter be a part of HUF?
A Hindu Undivided Family also known as a Joint Hindu Family under the Hindu Law is a family, comprising of all persons lineally descended from a common ancestor and living under a common roof and joint in other aspects of life such as estate, food and worship. There are two schools in Hindu Law governing the HUF: Mitakshara and Dayabhaga.
The concept of a HUF falls under the purview of Hindu Succession Act, 1956 and applies to all Hindu families. All the members of the family are considered to have a right in the property of the ancestral family.
Who is a coparcener?
A coparcener in Hindu law with reference to HUF is a person who has a share in the ancestral property by birth itself and has the right to demand partition as well.
Prior to the 2005 Amendment the daughters were not considered a part of HUF. The original Act of 1956 had included only the male members as coparceners. The Act also describes a situation, when a male member of a family dies, his share in the family property devolves amongst the surviving male members of the family. However, the wife and daughter of such male member get only a part of his share. The view of the school was that on marriage a women ceases to be part of father’s HUF as she becomes a part of her husband’s HUF.
However the Amendment of 2005 has completely changed the status of daughter in a HUF. Now, the daughter has equal rights and liabilities as that of a son, i.e., she has now attained the status of a coparcener in the family. The daughters are now entitled to the right to demand a partition of the ancestral family property and granted an equal share of the property as the son. The amendment would equally apply to a daughter born before 1-9-05 and she becomes coparcener not from the date of her birth but only from 1-9-05.
These articles are given unreservedly as general aides. While we do our best to ensure these aides are useful, we don't give any assurance that they are exact or proper to your circumstance, or assume any liability for any misfortune their utilization may cause you. Try not to depend on data given here without looking for experienced legitimate guidance first. If all else fails, please dependably counsel a lawyer and fill the query box or call us at +91-8521228202 or drop us a mail at firstname.lastname@example.org.