Can married daughter be a part of HUF?

हिंदी में पढ़ें
August 23, 2016
By Advocate Chikirsha Mohanty



What is a Hindu Undivided Family (HUF)?

Hindu Undivided Family (HUF) also known as a Joint Hindu Family under the Hindu Law is a family, comprising of all persons lineally descended from a common ancestor and living under a common roof and joint in estate, food and worship. There are two schools of law governing HUF in India: Mitakshara and Dayabhaga, with West Bengal being the only state that follows Dayabhaga School of law.

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Can a married daughter be a part of HUF?

Yes, a married daughter is considered a part of HUF. Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. However, after the amendment the daughter married or unmarried, is now considered as co-parcener like a son.

However, in her matrimonial house, she is treated as a member and not as a co-parcener of her Husband's HUF. Thus in event of partition of her Husband's HUF, she has one share in such property.
 

What is the right of married women in a HUF property?

The 2005 Amendment Act conferred rights on female members to become co-parceners. This means that women now have equal rights in the family property. However, the amendment is governed by the Mithakshara law of inheritance and not applicable to the Dayabhaga law of inheritance.

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Women are now entitled to demand the partition of a HUF to get their share of the property. The partition can be in full or partial.  If the daughter is married at the time of partition, the assets so received will be treated as her own personal assets.
 

Can a married female member demand partition of her father’s HUF as well as her husband’s HUF?

After 2005 Amendment in the Hindu Succession Act, 1956, A daughter continues to be a coparcener of her father’s family, having all the rights and privileges as of a coparcener, she can demand partition of her father’s HUF property. 

However, as far as her husband’s HUF is concerned, she is a mere member of the family and not a coparcener and as such cannot demand partition of her husband’s HUF property. But would be entitled to a share in case of partition between her husband & her sons or between her sons.

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What is the status of the married daughter prior to the 2005 amendment?

The amendment would equally apply to a daughter born before 1-9-05 and she becomes co-parcener not from the date of her birth but only from 1-9-05.



 

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User Reviews


4.5 - 23 reviews
S
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is it necessary to register an HUF?

Sonal on Nov 28, 2020
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nice article. Please share the procedure for adding a daughter to huf

Anoop on Dec 16, 2020
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very well article. Please share daughter's rights in family property

Akshay on Dec 29, 2020
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how do I make my daughter part of huf?

Nikhil on Dec 26, 2020
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please share more details about the 2005 amendment

Meenu on Nov 29, 2020
P
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very detailed and informative

Prabhu on Dec 30, 2020
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A well written article.

Shravan on Dec 24, 2020
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very informative.

Anup on Dec 03, 2020
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Girish on Dec 22, 2020
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good article. Very helpful

Shyam on Nov 28, 2020
P
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The writer has explained the law perfectly.

Prabhat on Dec 31, 2020
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Yogesh on Jan 11, 2021
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its very helpful on the subject

Karthik on Dec 21, 2020
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thanks for the information

Sapna on Nov 30, 2020
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very good article. Can you tell me more about the law?

Narayan on Dec 27, 2020
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Answered all my legal queries.

Kajal on Dec 03, 2020
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Very good work with the article. Gave a nice clarity about the subject.

Reena on Dec 08, 2020
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good article. Please provide more info

Suman on Nov 30, 2020
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Neha on Dec 13, 2020
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amazing article

Anitha on Dec 05, 2020
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Ravinder on Jan 05, 2021
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nice article

Neha on Dec 17, 2020
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Very nice article. English is very simple. Thank you for the information.

Bharti on Dec 11, 2020

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