All hindu daughters have equal right in the property of her father now according to the amendment in Hindu Succession Act 1956, passed in September 2005. It states that a daughter can be the Karta of an HUF (Hindu Undivided Family). The Hindu Succession Act is applicable to Hindus, Jains, Sikhs and Buddhists. It applies even to those girls who are born prior to this date.
With this amendment,
- The daughter gets all the rights attached with coparcenary, including the right to ask for partition of the property and to become a Karta of the HUF.
- Only the daughters who are born in the family, will get the coparcenary rights. Other female members, who come into the family by virtue of marriage, are still treated as members only. Thus, they are not entitled to ask for the partition but are entitled for maintenance and shares as and when partition takes place.
- After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener. Thus, she is entitled to ask for partition of the HUF property, as well as to become 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 children shall be entitled to the shares that she would have received, if she was alive on the date of the partition. In case none of her children are alive on the day of partition, the grandchildren will be entitled to the shares that the daughter would have received on partition.
- The daughter cannot gift her share in the HUF property while she is alive but she is fully capable of giving away her share in the HUF property by way of a will. If a will is not prepared, on her death, her share in the joint property shall not devolve on other members of the HUF but will pass on to her legal heirs.