Can Married Daughter Demand Partition of HUF?
Guest (n/a) 26 February 2009
Can Married Daughter Demand Partition of HUF?
sanjeev murthy desai (Advocate) 26 February 2009
yes, absolutely she has equal right in respect of HUF property, she can claim.
sanjeev gupta (Advocate) 26 February 2009
Dear Sir,
In HUF property, ur all sons and daughter have equal rights. there is no issue ur child is married or unmarried.
For her rights ur daughter can go court for her partition.
Sanjeev Gupta
Rakesh chauhan (Student ) 26 February 2009
yes
Mohit chawla (PRACTICE) 26 February 2009
Daughter has right and she can claim partition as the matter of right. The recent amendment in the Hindu Succession Act empowered them.
Adv. Santosh Mahanor (Lawyer) 27 February 2009
Yes, female members having equal right in property.
Adv. Sanjay (Lawyer) 27 February 2009
There was a prohibition of seeking partition by a female member, if the property was occupied by the male members of the family for dwelling purpose. And another problem was the female member prior to this was not allowed to seek partition directly. Now after the amendment of the said Act. Now the female member has got the equal right to claim and enjoy her share in the HUF
Adv. Sanjay (Lawyer) 27 February 2009
Married daughter has the equal share in the HUF property as the other male members of the family after the recent amendments.
Adv. Sanjay (Lawyer) 27 February 2009
In a case the agreement of sale has been taken place but the said document is not registered. the agreement for sale has done in the year 1993 and after that the seller has given an irrevokable power of attorney in the year 1994-Mar, which has been registered. But later on in the year 2001 the same owner without the knoledge of the intending purchaser has sold the land to other person and the same has been registered also.
Now my question is whether the intending purchaser can get back the land because in that agreement there is no time limitation.
Anil Agrawal (Retired) 09 March 2009
Request please quote the amendment. Tks.
Anil Agrawal (Retired) 09 March 2009
I have found the amendment and quote below. What about daughers married before the amendment came into force in 2004?
'6. (1) On and from the commencement of the Hindu Succession (Amendment)
Act, 2004, in a Joint Hindu family governed by the Mitakshara law, the daughter of a
coparcener shall,—
Short title and
commencement.
TO BE INTRODUCED IN THE RAJYA SABHA
AS INTRODUCED IN THE RAJYA SABHA
Bill No. LV of 2004
Substitution
of new
section for
section 6.
30 of 1956.
Devolution of
interest in
coparcenary
property.
5
SERVER 1 \ BILL-2004 \ RAJYA \ 3639RS
2
(a) also by birth become a coparcener in her own right; the same manner as the
son here;
(b) have the same rights in the coparcenary property as she would have had if
she had been a son;
(c) be subject to the same liabilities and disabilities in respect of the said
coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference
to a daughter:
Provided that nothing contained in this sub-section shall apply to a daughter
married before the commencement of the Hindu Succession (Amendment) Act, 2004.
Anil Agrawal (Retired) 09 March 2009
Please read the amendement;
Provided that nothing contained in this sub-section shall apply to a daughter
married before the commencement of the Hindu Succession (Amendment) Act,
Anil Agrawal (Retired) 09 March 2009
Provided that nothing contained in this sub-section shall apply to a daughter
Anil Agrawal (Retired) 09 March 2009
Dear all
I think the amendment is a joke. Married daughters before the amendment came into force still donot still have the right. In other words, status quo continues and only the male members have the right to partition it. It is very funny. Married before and married after the amendment. What a law?
Anil Agrawal (Retired) 09 March 2009
Get married after the amendment and get the share.