Daughters had a claim to their parents' property prior to the implementation of the Hindu Succession Act of 1956: SC Daughters are entitled to inherit both their parents' self-acquired property and any other property that they own outright.
Even though their father died before the Hindu Succession (Amendment) Act, 2005
took effect, the Supreme Court held that daughters have coparcenary rights to their
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Daughters had a claim to their parents' property prior to the implementation of the
Hindu Succession Act of 1956: SC Daughters are entitled to inherit both their
parents' self-acquired property and any other property that they own outright.
When determining in a case affecting women's property rights, the Supreme Court
stated that this rule would apply even if a daughter's parents died intestate before
the Hindu Succession Act, 1956 was enacted. If a male Hindu dies intestate
(without a will), his property passes through inheritance rather than survivorship,
and hence his daughter would be eligible to receive the property ahead of other
collaterals (such as children of the deceased father's siblings).
The Supreme Court wrote in a 51-page decision that "because the property in
question was admittedly the self-acquired property of a fathesr despite the family
being in a state of jointness upon his death intestate.
A daughter's property rights were undetermined in 2005:-
The Hindu property law recognizes the concept of a HUF, which is a group of
persons who are related by birth or marriage and have a common ancestor. The
descendants of shared ancestors were divided into two groups. Coparceners belong
to the first category. Only men were known to be HUF coparceners, while all ladies
were called members. All members are methodically gathered, but the contrary is
Who is a victim of circumstance, according to Hindu law?
A person who receives a legal right to his ancestral property as a result of his or her
birth into a Hindu Undivided Family is referred to as a coparcener under Hindu
succession law (HUF). According to the Hindu Succession Act of 1956, everybody
born into a Hindu household automatically becomes a coparcener.
Members of the HUF have varied rights to the HUF's property, which are gathered
in a systematic manner. Coparceners have the right to demand a division of the
property and distribution of the shares. Daughters and mothers of HUF members
had a right to maintenance from HUF property, as well as a part in the HUF's
property when the HUF was divided. When the daughter marries, she loses her
right to maintenance as well as a share of the HUF's property if the property.
Since 2005, a daughter's right to property has been protected:-
The coparcener's claim in HUF property was amended on September 9, 2005, with
effect from that date, under Section 6 of the Hindu Succession Act, 1956. As a result
of this change, females now have the same coparcenaries rights as sons when it
comes to HUF property. As a result, the daughter receives all of the rights
associated with coparcenaries, including the ability to request property partition
and become a Karta of the HUF.
Only the family's daughters will be awarded coparcenaries privileges. Other female
family members who marry into the home are still treated as visitors. As a result,
they have no right to partition, but they do have a right to maintenance and shares
if and when partition happens.
Marital daughters' property rights are protected under the Hindu Succession
Amendment Act of 2005:-
After marriage, a daughter will no longer be a member of her parents' HUF,
although she will remain a coparcener. As a result, if she is the eldest coparcener of
her father's HUF, she has the authority to ask for the HUF property to be
partitioned and to become the HUF's Karta.
Even if a married daughter dies before the split, her children are entitled to the
shares she would have received if she had been living at the time. The
granddaughters will be entitled to the shares that the daughter would be entitled to
if none of her children were alive on the day of the split.
Is it feasible for a girl to seek that her family's assets be divided?
Daughters, like sons, have the right to request that their ancestral estates be
divided and sold. Surprisingly, the daughter is unable to give up her share of the
HUF estate while she is alive, but she is fully capable of doing so through a will. If
she dies without making a will, her share of the joint property will go to her legal
heirs instead of the other HUF members.
A Hindu widow's property can be inherited by her parents' side of the family,
according to Hindu law. SC
The Supreme Court ruled on February 25, 2021, that family members on a Hindu
widow's paternal side are not deemed "strangers," and that her property might
transfer to them under the Hindu Succession Act. The heirs of a Hindu woman's
father are included in the concept of "persons entitled to succession of property,"
according to the Supreme Court.
The Privy Council upheld the high court and trial court's judgments enabling a
childless widow to engage into a family settlement to transfer her property to her
brother's kid. When a female's father's heirs are named as prospective successors, it
cannot be stated that they are outsiders or not families."
Source From:- Navi Mumbai Houses