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Guest (n/a)     26 February 2009

Can Married Daughter Demand Partition of HUF?

 Can Married Daughter Demand Partition of HUF?



Learning

 16 Replies

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


(Guest)

Certainly.  After the latest amendments in Hindu Succession Act, women have got equal rights as men in intestate property.


(Guest)

Earlier, 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.  That prohibition has been taken away in the recent amendments.

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


married before the commencement of the Hindu Succession (Amendment) Act,

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