Huf related

In case the property involved is inherited the daughter has a share irrespective of the fact that father died in 2002 i.e., before Hindu Succession (Amendment) Act, 2005.

Please indicate you belong to which State.  The answer to your query will depend upon that.

It is very difficult to provide answers unless the details are fully informed, as HUF /Hindu inheritance is a complicated subject and depends on many factors.  On single issue, there may be different perceptions.    It is always better to consult a local advocate.

More Facts: (1) Father received  a part of his father's inheritence and that money he formed his HUF in 2002 making himself KARTA and mother as Member and Only Son as CoParcener.  After father's death, Son became Karta in 2003.  Both Father and Mother are dead now.

(2) Daughter was married  when this HUF was started.  She was married with a BIG dowry.

(3) Because the Supreme Court clarified that the daughter and Father BOTH must be alive on or after Sept08, 2005 ...and only then, daughters will have rights to father's ancestral property.  In other words,   Amendment is not applied RETROSPECTIVELY.  It only applies after Sept08,2005.

My question is : Do you think married daughter has any right on this HUF ? She was never a coparcener or a member.

There cannot be a definite suggestion unless all the facts are disclosed.

Don' blame the forum or experts, the Hindu law and several further decisions are complicated and most confusing . 

Thanks to friends who tried. I have resolved this question with a top Supreme Court Lawyers. Here is the Summary:

(1) If father died before 09/09/2005 and no partition suit is pending, the daughter has NO RIGHT to fathers ancestral property.

(2) In order for daughter to have a right in father's ancestral property, BOTH the father and the daughter must be alive on 09/09/2005.

The famous case ,PHULWATI Vs PRAKASH (supreme court) sets the precedence in this matter. 

ALL THE BESTS.

The top Lawyer approached by you is to mind your interest.

Aks,

It is so great of you to share your experience with others.

Those who receive guidance never report back and report developments.

You have not only reported back, and tried to help those who need such kind of assistance in future.

This is a good gesture for the community.

Thank you, Mr Prasad. 

I am indebted to this forum as in my struggle with Axis Bank for 2 years to get my father's Estate bank accounts, this forum gave me insights,understanding and valuable advice. I have succeeded in getting most of those accounts after a long fight with AxisBank.

This forum is providing great service to NRIs like me who are unfamiliar with local laws and regulations and afraid of corrupt officials.  Thanks again for all the help and advice. I wish my native motherland peace and progress. Vande Mataram.