PARTITION
rajendra
(Querist) 24 June 2008
This query is : Resolved
Can a married daughter ask partition in the property of her parents and can she ask partition (shares holding) in various pvt. ltd. companies in which her father and mother are the majority share holder. What is right of married daughter in her parent property. Can she still a member of HUF after her marriage also.
amit gupta_lawyer
(Expert) 24 June 2008
Equality for Women
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. 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.
After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt.
Guest
(Expert) 25 June 2008
When was her marriage. It matters. Daughter cannot ask for partition of the estate of HUF, but if she is a coparcener during any partition happening, then she gets a share.
After marriage, she become a member of a smaller HUF consisting of her husband, and children and has a rgith on the husbands ancestral property.
Coming to investment in shares, it depends on how the property is invested from what funds, HUF or individual.
arunprakaash.m.
(Expert) 25 June 2008
Under the new amendment to the Hindu suceession Act you can calim partion if partion has already taken place before oct2004, then you are not eligible.
