Hindu succession act 2005
Narendra
(Querist) 26 March 2013
This query is : Resolved
According to Hindu Succession Amendment in 2005 daughter is entitled to equal share in HUF property. In order to have co-parcenery unit min 2 males are required. My question is if according to this amendment daughter is entitled to equal share but if there is single male co-parcner(brother for e.g) whether she will succeed in that property? If no who shall look after the property?
Raj Kumar Makkad
(Expert) 26 March 2013
In that event sister shall inherit 50% of the property which shall be equivalent to her brother.
Narendra
(Querist) 26 March 2013
My query is if she is legally entitled to share as per 2005 amendment but 2 males are not existing, how the devolution will be??
Advocate M.Bhadra
(Expert) 26 March 2013
In the instant facts son and daughter have equal right as a joint coparcener,in absence of wife of "Hindu Karta".
The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
Raj Kumar Makkad
(Expert) 26 March 2013
Even if 2 males are not there, she shall divide with only one and if none is available then she shall get entire property. Her share is not dependent over the availability of the males.
