Right of Women ...

Querist : Anonymous (Querist) 06 June 2011 This query is : Resolved
X is a karta of the HUF (having residential property as an asset) constituting of his 2 adult sons and 1 adult daughter.

1.Will the daughter have same rights to the residential property as the sons after her marriage.

2. Will the children of the daughter also be part of the HUF as that of the sons.

3. If there is a partition of the HUF after her marriage will she be entitled to the property in the similar way as her brothers.

I am asking this question in preview of some changes made in the Hindu Succession Act in 2005 .

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R.Ramachandran (Expert) 06 June 2011
1. YES
2. NO
3. YES

PALNITKAR V.V. (Expert) 06 June 2011
While I have agree with the replies nos. 1 and given by Shri. R. Ramchandran, I have something to ask about the question no. 2. By amendment of 2005 a daughter gets all the rights which a son has. If a son's children can become members of HUF why can not a daughter's children? Is the benefit of the amendment of 2005 limited to the daughter alone and not to her children?

R.Ramachandran (Expert) 07 June 2011
The benefit of amendment of 2005 is limited to the daughter alone and not to her children. I think the reason could be that the children of such a daughter would in any way be the beneficiaries of the family in which they take birth.

prabhakar singh (Expert) 07 June 2011
KARTA OR NOT,IF THE PROPERTY IS SELF MADE BOTH SON AND DAUGHTERS WILL SHARE 1/3rd EACH.
BUT IF PROPERTY IN X HAND IS A COPARCENERY PROPERTY INHERITED BY HIM FROM HIS FOREFATHERS THEN IF NO PARTITION HAS TAKEN PLACE AMONG X AND HIS 2SONS BEFORE20.12.2004,THE PROPERTY SHALL FORM A COPARCENERY OF X,HIS TWO SONS AND 1DAUGHTER AS WELL, AS GENDER BIAS HAS BEEN REMOVED BY AMENDMENT ACT 2005.
THEREFORE ANS.TO Qs.1 &3 IS YES.BUT WITH RESPECT TO ANSWER TO Q2,IT IS SUBMITTED THAT CHILDREN OF DAUGHTER SHALL NOT BE TREATED COPARCENERS OF JOINT FAMILY BUT WILL CERTAINLY HAVE RIGHT TO SUCCEED OVER SHARE OF THEIR MOTHER.

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