Can Married Daughter Demand Partition of HUF?

A Hindu Undivided Family has members and some members have more rights than other members. Those members who have more right-that is right to demand partition- are known as Coparceners. As per Hindu law, while women were granted membership of a family , only male members could have the right of partition of the HUF.

However, amendment to Hindu Succession Act brought some drastic changes in the concept . Section 6 and section 30 of Hindu Succession Act were amended to provide that interest in coparcenary property of male member can be disposed off by will or other testamentary disposition.

Amended section 6 provided that in case of death of a Hindu male , if he had any female relative, his coparcenary interest in the joint family property shall devolve according to testamentary or intestate succession.

Previous to this , such right was not given to female members who were daughters.

In 2005, a very nice amendment was made ,in Hindu Succession Act 1956 as far as right of daughter in the property of father is concerned. The said amendment became effective from 9/9/2005 and it provides that a daughter of a coparcener also gets , like son, a right by virtue of taking birth in respect of coparcenary property. This right is equal to right of any male coparcener of the family and therefore Right does not evaporate with her marriage.

Therefore , even the married daughter, even though as per Hindu law , not a member of HUF of father , still is coparcener and hence can demand partition of property of HUF of father.

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