Property Law Videos - Daughter's right over father's self acquired property

A coparcener is a person who shares equally with others in the inheritance of an undivided estate or in the rights to it. Until the Hindu Succession Act, 1956 was amended in 2005, the property rights of son and daughter were very different. While sons had complete right over their father’s property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband’s family. Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants from a common ancestor. An HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith.

Earlier, once a daughter was married, she ceased to be part of her father’s HUF. Many saw this as curtailing women’s property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. After the amendment, every daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘karta’ (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons. However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.

A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, however, have the “right of first refusal” over the property, to stop the entry of an outsider. A coparcener (not any member) can file a suit demanding partition of the coparcenary property but not a member. Thus, the daughter, as a coparcener, can now demand the partition of her father’s property.