WOMEN RIGHT IN UNDIVIDED HUF PROPETY
Umesh
(Querist) 13 November 2009
This query is : Resolved
I would like to know the status of a married women in undivided huf property where she married prier to 1990 and after 1990
Adv Archana Deshmukh
(Expert) 13 November 2009
A daughter was not a coparcener in joint hindu family property, but would get share as a class I heir in her father's share after his death. But the Karnataka amendment of 1990 & maharashtra amendment of 1994 to the HSA changed her status to that of a coparcener and a daughter would share equally along with the father and sons in the undivided JHF property. A daughter is now a coparcener by birth in her own right. Now, by the central amendment made in 2005, this is applicable to all states.
But the amendments makes it clear that this does not apply to a daughter married prior to the amendment(karnataka-1990, maharashtra-1994, central-2005) or the partition which has been affected before the amendment.
Raj Kumar Makkad
(Expert) 13 November 2009
The question is entirely different than replied by Archana. You have asked the status of a married women in the join family property of her in-laws if married before 1990 or thereafter.
As per my opinion such married wife gets only share out of the share of her husband and has no independent share in HUF wherein she has been married. If her husband dies then she is equally entitled to inherit the share of deceased along-with all his legal heirs otherwise she has got no right in HUF and no position has changed before or after 1990.
Adv Archana Deshmukh
(Expert) 13 November 2009
Mr. Makkad, The question is "status of a married women in undivided huf property", so married women would include "MARRIED DAUGHTER" as there is referance to "where she married prior to 1990 and after 1990", this ought to be with ref to the karnataka amendment of 1990.....So I replied in that context... :) There is no ref. about married wife's share in in-law's property....& also that has nothing to do with 1990... :)
adv. rajeev ( rajoo )
(Expert) 14 November 2009
Married women will get her share in husband's property only in the Hindu joint Fmily after the death of her hasuband. During the life time of her husband she cannot claim her share in the hindu joint family independently, but she can claim thru., her children.
She is entittle to claim the equal share in her father's HUF, she is coparcener. The amended Hindu Succession ACt is restrospective effect.
