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Can a daughter have right in HUF when karta(father) died before 2005
08-Jul-2023 (In Property Law)
FACTS: (1) Father formed HUF in year 2002 from money he got from sale of his share of his father's property. (2) Father was Karta until 2003 when he died. Only Son became Karta thereafter. (3) In HUF declaration Father and Son are coparceners and mother was member. Q.(1) Does a married daughter has any rights in this HUF when she was already married when this HUF was formed ? (2) Does a married daughter has any rights in this HUF when the original Karta (father) died before 2005 (before HSA amendment 2005) ?
Please bear in mind, a Hindu daughter, whether married or unmarried, be it from mitakshara or dayabhaga school of law, whether the father died before the amendment came into force, shall henceforth have equal rights in property of HUF, by virtue of the landmark decision of the Supreme Court. The Supreme Court ruled that under the Hindu Succession Act, a daughter “shall by birth” become a “coparcener” in her own right in the same manner as son, and have the same rights and liabilities as a son. This ruling shall have retrospective effect of the amendment in Hindu Law. DANAMMA @ SUMAN SURPUR & ANR. Vs AMAR & ORS. Civil Appeal nos. 188-189 of 2018 (SLP (C) nos.10638-10639 of 2013)
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