Can married daughter be a part of HUF?

हिंदी में पढ़ें
January 06, 2020
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 - 24 reviews
V
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is it necessary to register an HUF?

Venkat on Mar 15, 2020
J
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please share more details about the 2005 amendment

Jagdish on Mar 02, 2020
R
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nice article. Please share the procedure for adding a daughter to huf

Raja on Feb 27, 2020
M
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how do I make my daughter part of huf?

Mahesh on Feb 18, 2020
M
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very well article. Please share daughter's rights in family property

Manju on Feb 28, 2020
R
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its very helpful on the subject

Rohan on Feb 16, 2020
P
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Good work with the article.

Poonam on Feb 19, 2020
H
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informative with the law.

Hitesh on Feb 21, 2020
A
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thanks for the information

Anita on Feb 24, 2020
V
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very well written

Vikash on Mar 24, 2020
S
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Very nice article.

Sumit on Mar 04, 2020
S
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Gave me a very clear idea of the subject.

Saurav on Mar 14, 2020
I
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good advice. Who can I contact for my legal issue?

Indu on Mar 20, 2020
R
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very detailed and informative

Ritika on Mar 17, 2020
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good work. Keep it up

Saurabh on Mar 06, 2020
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thank you for the information

Ajay on Mar 18, 2020
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I have legal query. Who can I call?

Anita on Mar 10, 2020
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Gave a clear understanding about my legal issue.

Alok on Feb 26, 2020
A
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nicely written

Anju on Mar 04, 2020
V
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amazing article

Vikas on Feb 18, 2020
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Very helpful for my legal case.

Rohit on Mar 14, 2020
D
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Nicely written article. Very comprehensive.

Dheeraj on Feb 23, 2020
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Written in a very simple language.

Seema on Mar 18, 2020
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very helpful and detailed

Sagar on Mar 12, 2020

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