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Anuj Shah (Partner)     01 March 2012

Married daughters share in huf property

Father's HUF consisting of Father, Mother and one Son; Mother expired in 1994, Father (Karta of the HUF) expired in 1995, HUF full partition in 1996. Properties divided between the co-parceners and as per the will of Mother and Father. Father's will probate was taken.

Some property in the name of Father (belonging to the HUF) is still to be transferred in the name of the legal hiers in the land records.

Question: Two daughters married before 1978, will have any share/right to the property as per Hindu Succession Act Amendment 2005?



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 March 2012

Mr.Shah, 

You've not discussed whether the full partition in 1996, was a registered one or through the decree of court, if it was and the same pertained to the entire HUF property. Daughters can have no stake. Otherwise they do. 

Anuj Shah (Partner)     01 March 2012

Mr. Chugh,

Thanks for your reply.

What do you mean by "registered"? We had partitioned the HUF on death of 2 co-parceners out of 3 and closed the books of account and closed it with IT also, as per the probated will in 1998. 


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