Daughter’s Property Rights Under The Hindu Succession

.Daughter’s Property Rights :  The Supreme Court ruled that daughters enjoy coparcenary rights to their father’s property even though he died before the Hindu Succession (Amendment) Act of 2005 went into force.

A Hindu woman’s property rights may be separated into two distinct historical periods: before and after 2005. This guide will explain the property rights of a Hindu daughter prior to 2005 and after this year.

 


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Prior to 2005, a daughter’s property rights

The Hindu Succession Act, which applies to Hindus, Jains, Sikhs, and Buddhists, recognises the notion of HUF—a family of persons who are linked by birth or marriage and are lineally derived from a common ancestor. These family members are further classified as follows:

 

Coparceners and Members

While the law recognised the males in the family as coparceners. The same status was not granted to the family’s girls – prior to 2005, the daughters in the family were just Members of a HUF and not coparceners.

 

Who was a coparcener according to Hindu law in 1956?

The word coparcener refers to a person who acquires a legal title to ancestral property via her birth in a HUF under Hindu succession law. According to the Hindu Succession Act of 1956, each individual born into a HUF automatically becomes a coparcener.

Coparceners and members have differing rights to the HUF’s property. Coparceners have the right to request property split and share ownership.

Members of the HUF, such as daughters and mothers. Had the right to maintenance from HUF property as well as a portion in the HUF’s property when the HUF was partitioned. After marriage, the daughter would no longer be a member of the father’s HUF and would no longer be entitled to support or a portion in HUF property if the property was partitioned. Daughters were not eligible to become a Karta of the HUF and handle its operations since only a coparcener was eligible.

 

 

Daughter’s Property Rights: Property rights of a daughter after 2005

Section 6 of the Hindu Succession Act of 1956, which governs coparceners’ rights in HUF property, was changed in 2005. Daughters now have the same coparcenary rights in HUF property as boys, thanks to this change. As a result, the daughter inherits all of the rights associated with coparcenary, including the power to split the property and become a Karta of the HUF.

 

A daughter's property rights under the Hindu Succession

 

Daughter’s Property Rights: On September 9, 2005, the amendment went into force.

Only girls born into the family were granted coparcenary powers. Women who enter the family through marriage are still considered as members alone. As a result, they are not permitted to seek property division. They are, nevertheless, entitled to maintenance and shares in the event of partition.

 

Rights of married daughters under the Hindu Succession Amendment Act of 2005

After marriage, a daughter will no longer be a member of her parents’ HUF but will remain a coparcener. As the eldest coparcener of her father’s HUF. She is therefore entitled to request partition of the HUF property and become the Karta of the HUF.

Even if a married daughter dies, her children are entitled to the shares she would have gotten if she had been alive on the day of division. If none of her children are living on the day of division. The granddaughters will be entitled to the shares that the daughter would have received.

A daughter, on the other hand. cannot gift her part of a HUF property while she is alive. But she can give away her half of a HUF property through a will. If she dies without making a will. Her portion of the joint property will transfer to her legal heirs rather than the other members of the HUF.

 

Can a daughter request the division of her ancestor’s property?

Daughters, like boys, have the ability to request property division among family members and the sale of ancestral estates.

The Hindu widow’s parental-side relations can inherit her property, according to the Supreme Court on February 25, 2021. The Supreme Court has declared that family members on a Hindu widow’s paternal side cannot be considered “strangers.” And her property can pass to them under the Hindu Succession Act. Supreme Court clarified that the heirs of a Hindu woman’s father are covered by those entitled to succession of property.

The Supreme Court upheld the high court and trial court’s decision to allow a childless widow to enter into a family settlement to transfer her property to her brother’s son, declaring: “A perusal of Section 15 of the Hindu Succession Act indicates that heirs of the father are covered in the heirs (of the property). Who could succeed.” When the heirs of a female’s father are listed among those who may succeed. It cannot be claimed that they are strangers and not members of the female’s family.”

 

A daughter's property rights under the Hindu Succession

 

 

Daughter’s Property Rights: The Hindu Succession Act of 2005 is retroactive: SC

11th of August, 2020: On August 11, 2020. The Supreme Court issued a significant decision holding that daughters will enjoy coparcenary rights to their father’s property. Even though the father died before the Hindu Succession (Amendment) Act, 2005 became effective. The Supreme Court made the statement while clearing the air on previous inconsistent verdicts issued by Indian courts.

In August 2020, the Supreme Court expanded the reach of the 2005 statute to include situations. Where the father was not living when the Act was enacted. In effect, the ruling by a three-judge bench of the Supreme Court renders the 2005 amendment retroactive.

“The provisions in replaced Section 6 of the Hindu Succession Act grant coparcener status (equal shareholders when inheriting assets) on daughters born before or after the modification, in the same manner as boys. with the same rights and duties.” “Because the right in coparcenary is by birth. It is not essential for the coparcener’s father to be alive on September 9, 2005 (the day the law went into effect).” The panel said.

In an effort to prevent the reopening of earlier settlements. The Supreme Court said that a registered settlement or division suit determined before to December 20, 2004 will not be reopened.

 

 

 


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