Section 14 of hindu succession act
vijaya kumar t
(Querist) 16 July 2012
This query is : Resolved
it says a female coparcenor of mitakshara family has the right to sell/settle her property without having concent from their legal heirs but a male coparcenor cannot. why this indifference?
SAINATH DEVALLA
(Expert) 16 July 2012
A daughter has been given partition right in the Hindu Undivided Family (HUF) with effect from September 2005 by an amendment to Hindu law by the Government.
According to Mitakshara,family ties are given more importance than marital ties. The arrangement provides a kind of social security in a familial atmosphere.Since the Hindu Succession (Amendment) Act, 2005 gives coparcenary right to a daughter equal to the right of a son and she can also demand partition in respect of the assets of the joint family, it should logically follow that the amounts so received by her on partition should be treated as belonging to the Hindu Undivided Family under her management, if not as karta, so that the income from such assets so received need not be clubbed with her personal income.
Nadeem Qureshi
(Expert) 16 July 2012
14. Property of a female Hindu to be her absolute property.
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.- In this sub- section," property" includes both mov- able and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub- section (1) shall apply to any pro- perty acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
you should ask this question to parliament
J K Agrawal
(Expert) 16 July 2012
"but a male coparcenor can not"
No such restriction any where that a male coparcenor can not transfer his share without consent of other legal heirs.
Under Section 14 privilege is to a woman. when section 14 enacted (before 1976) the hindu Law was some what different. and the section at that time was a requirement. At that time woman was having almost no right in property apart from life estate.
Even today the section is relevant. Just think that what is the status of a wife of predeceased son? is she coparcenor?
If she want a division or want to sale her share the section 14 helps her.
