Even though their father died before the Hindu Succession (Amendment) Act, 2005 took effect, the Supreme Court held that daughters have coparcenary rights to their father’s property.

 

 

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Daughters had a claim to their parents’ property prior to the implementation of the Hindu Succession Act of 1956. SC Daughters are entitled to inherit both their parents’ self-acquired property and any other property that they own outright. When determining in a case affecting women’s property rights, the Supreme Court stated that this rule would apply even if a daughter’s parents died intestate before the Hindu Succession Act, 1956 was enacted. If a male Hindu dies intestate (without a will), his property passes through inheritance rather than survivorship. And hence his daughter would be eligible to receive the property ahead of other collaterals.

The Supreme Court wrote in a 51-page decision that “because the property in question was admittedly the self-acquired property of a father. Despite the family being in a state of jointless upon his death intestate. His sole surviving daughter will inherit the same by inheritance and the property shall not devolve by survivorship. A Madras High Court order dismissing the daughter’s partition case was reversed by the Supreme Court.

 

A daughter’s property rights were undetermined in 2005?

The Hindu property law recognizes the concept of a HUF. Which is a group of persons who are related by birth or marriage and have a common ancestor. The descendants of shared ancestors were divided into two groups. Coparceners belong to the first category. Only men were known to be HUF coparceners, while all ladies were called members. All members are methodically gathered, but the contrary is not true.

 

Who is a victim of circumstance, according to Hindu law?

A person who receives a legal right to his ancestral property as a result of his or her birth into a Hindu. Undivided Family is referred to as a coparcener under Hindu succession law (HUF). According to the Hindu Succession Act of 1956, everybody born into a Hindu household automatically becomes a coparcener.

Members of the HUF have varied rights to the HUF’s property, which are gathered in a systematic manner. Coparceners have the right to demand a division of the property and distribution of the shares. Daughters and mothers of HUF members had a right to maintenance from HUF property, as well as a part in the HUF’s property when the HUF was divided. When the daughter marries, she loses her right to maintenance as well as a share of the HUF’s property. If the property is partitioned after her marriage. Only a coparcener was allowed to be a victim of circumstance.

Since 2005, a daughter’s right to property has been protected:-

The coparcener’s claim in HUF property was amended on September 9, 2005. With effect from that date, under Section 6 of the Hindu Succession Act, 1956. As a result of this change, females now have the same coparcenary rights as sons when it comes to HUF property. As a result. The daughter receives all of the rights associated with coparcenary’s. Including the ability to request property partition and become a Karta of the HUF.

Only the family’s daughters will be awarded coparcenary privileges. Other female family members who marry into the home are still treated as visitors. As a result. They have no right to partition, but they do have a right to maintenance and shares if and when partition happens.

 

Marital daughters’ property rights are protected under the Hindu Succession Amendment Act of 2005:-

After marriage, a daughter will no longer be a member of her parents’ HUF, although she will remain a coparcener. As a result. If she is the eldest coparcener of her father’s HUF, she has the authority to ask for the HUF property to be partitioned and to become the HUF’s Karta.

Even if a married daughter dies before the split. Her children are entitled to the shares she would have received if she had been living at the time. The granddaughters will be entitled to the shares that the daughter would be entitled to if none of her children were alive on the day of the split.

 

Is it feasible for a Daughters to seek that her family’s assets be divided?

Daughters, like sons, have the right to request that their ancestral estates be divided and sold. Surprisingly, the daughter is unable to give up her share of the HUF estate while she is alive. But she is fully capable of doing so through a will. If she dies without making a will, her share of the joint property will go to her legal heirs instead of the other HUF members.

 

A Hindu widow’s property can be inherited by her parents’ side of the family, Daughters according to Hindu law:-

The Supreme Court ruled on February 25, 2021, that family members on a Hindu widow’s paternal side are not deemed “strangers,” and that her property might transfer to them under the Hindu Succession Act. The heirs of a Hindu woman’s father are included in the concept of “persons entitled to succession of property,” according to the Supreme Court.

The Privy Council upheld the high court and trial court’s judgments enabling a childless widow to engage into a family settlement to transfer her property to her brother’s kid. When a female’s father’s heirs are named as prospective successors. It cannot be stated that they are outsiders or not families.”

 

 

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