In December 2015, the Delhi high court docket gave a decision, declaring that a daughter may be the Karta of an HUF (Hindu Undivided circle of relatives). the basis of this choice lies in the change handedto the Hindu Succession Act, 1956, in 2005. The Hindu Succession Act is relevant to Hindus, Jains, Sikhs and Buddhists. The change substantially changed the rights of daughters in the property of the parental HUF.
position previous to the change
The Hindu law recognises the idea of HUF, because of this a own family of people who’re lineally descended from a not unusual ancestor and related with each different by means of birth or marriage. The people who are so descended from commons ancestors, were divided in elements. in the first classare coparceners. simplest men had been known as coparceners of the HUF and all the females had beenreferred to as contributors. all of the coparceners are individuals however vice-versa isn’t always real.
The rights of coparceners and individuals inside the property of the HUF, are special. Coparceners have the proper to invite for partition of the belongings and to get the shares. contributors of the HUF, like daughters and moms, had the right of upkeep from HUF property, as well as to get a percentage within the belongings of the HUF as and while partition of the HUF took place. Upon marriage, the daughtercould end to be a member of the HUF of the daddy and could thus, now not be entitled to the proper ofpreservation in addition to to get a share within the property of the HUF, if the property have beenpartitioned after her marriage. As handiest a coparcener changed into entitled to grow to be the Karta of the HUF, the lady individuals were not entitled to turn out to be a Karta of the HUF and control its affairs.
role after the amendment
phase 6 of the Hindu Succession Act, 1956, which offers with coparcener’s right in the HUF assets,become amended in 2005 w.e.f September 9, 2005. With this change, daughters have been placed at par with sons, as a long way as coparcenary rights in HUF assets are concerned. consequently, the daughtergets all of the rights attached with coparcenary, inclusive of the right to ask for partition of the propertyand to turn out to be a Karta of the HUF.
however, handiest the daughters who’re born in the own family, gets the coparcenary rights. other girlmembers, who come into the own family with the aid of virtue of marriage, are nevertheless dealt with asindividuals best. consequently, they may be not entitled to ask for the partition however are entitled formaintenance and stocks as and while partition takes place.
After marriage, a daughter will stop to be a member of her parental HUF, but will remain a coparcener.therefore, she is entitled to invite for partition of the HUF assets, as well as to grow to be the Karta of the HUF, in case she happens to be eldest coparcener of her father’s HUF.
Even in case of a married daughter who has died, her kids shall be entitled to the stocks that she couldhave acquired, if she changed into alive on the date of the partition. In case none of her children are aliveon the day of partition, the grandchildren might be entitled to the shares that the daughter could haveobtained on partition.
interestingly the daughter cannot present her percentage within the HUF assets whilst she is alivehowever she is fully able to giving freely her percentage inside the HUF belongings by means ofmanner of a will. If a will isn’t always prepared, on her loss of life, her proportion in the joint belongingsshall now not devolve on other members of the HUF however will bypass on to her legal heirs.