Is a married woman a coparcener in father's huf?

1. The daughter in question though a co-parcener by virtue of Section 29A of the Hindu Succession Act, 1956 as inserted by Hindu Succession (Maharashtra Amendment) Act, 1994 which came into force with effect from 22.6.1994.  However this provision will not apply to a daughter in the family married prior to 22.6.1994.  In this case, as the daughter is said to have been married in the year 1980, she is not entitled to a share in the property as a co-parcener.

2. Even according to the 2005 Amendment of HSA, and the recent Supreme Court Decision, the daughter is not entitled to a share as a co-parcener.

3. It is seen that the father BBM had died without making any WILL.  Therefore, on his death, a notional partition will take place in terms of Section 6 of the Hindu Succession Act, 1956 and each of the Coparceners i.e. the deceased father, all the sons will get equal share.

4. The portion that falls to the share of the deceased father, has to go by way of inheritence equally to all his legal heirs viz., all the sons and daughters (including the married daughter).

5. The two sons can continue to be HUF.  The children (including daughters whether married/unmarried)  of the two sons will continue to be co-parceners of the HUF.

6. The sons/daughters of the daughter are not entitled to any share in the property. They are also not co-parceners in the property.