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.
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