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Sidhhi   16 May 2023

Can married daughters continue to be coparcener?

Please guide if married daughters can continue to be coparcener of HUF ? If not what's the procedure to comply with the law?


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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     17 May 2023

Yes, a married woman can continue to be a member of both the Hindu Undivided Family (HUF) accounts. She can continue as a co-parcener in her father's HUF where her father is the karta and also as a member in her husband's HUF account.

Dr J C Vashista (Advocate)     17 May 2023

I respectfully disagree with expert Mr. T Kalaiselvan.

A married daughter shall not continue to be a member of HUF with her parents..

 

1 Like

Real Soul.... (LEGAL)     17 May 2023

How come a married daughter  happen to continue  co-parcener ? No she cannot 
 

Advocate Bhartesh goyal (advocate)     17 May 2023

I concur the  advice of Shri T. Kalaiselvan. Supreme Court has ruled in the case Vineeta Sharma vs Rakesh Sharma in August 2020  that married daughters can continue to be a member of both the Hindu Undivided Family ( HUF ) accounts.She can continue as a co-parcener in her father's HUF where her father is kara and also as a member in her husband's HUF account .

Sidhhi   17 May 2023

Adv Goyal thanks for clearing the doubt. How ever kindly provide link for SCI order or it's pdf for record purpose.

Niharika Lohan   20 May 2023

Hi Sidhi, I'm Adv Niharika.

I totally agree with expert Mr. Goyal.

A married woman will not be a member of her parental HUF post her marriage, but will continue to be a coparcener. She can ask for partition of the HUF property.

I'm attaching the links to the Supreme Court judgment in the case of Vineeta Sharma vs. Rakesh Sharma 2020

I hope your query is now resolved. if you have any further questions, you can contact me at niharikalohan@yahoo.com

https://www.lawyersclubindia.com/share_files/original-judgement-vineeta-sharma-v-rakesh-sharma-10530.asp

https://main.sci.gov.in/supremecourt/2018/32601/32601_2018_33_1501_23387_Judgement_11-Aug-2020.pdf

 


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