The year 2015 ended on a rather good note for daughters of the Hindu family. As in December that year Delhi High Court gave out a decision according to which now daughters are at par with male family members and can be Karta of the family (Hindu Undivided Family). This decision had a strong backing from the amendments passed in 2005 to the Hindu Succession Act 1956.
Prior to the amendment things weren’t quite in favour of the daughters especially when it came to their entitlement in family’s property. Only the sons were is a position to ask for their share the property and claim themselves as Karta of the house. Things have changed a lot and here are the revisions brought is the status of daughters in HUF –
- Coparcenary Rights – A Hindu Undivided Family is divided into two parts, coparcenary and members. Prior to the amendment, only the coparcenary who were the males have the right to ask for partition and get the share in the property. Daughters were regarded as members and were devoid of any such claims. With the 2005 amendment, Section 6 was revised and daughters were put at par with sons on the coparcenary front. They can now become Karta of HUF and ask for partition.
- Status of Daughters not Born into the Family – Daughters who are not born into the family are not entitled to coparcenary right. They will be only treated as members of the family and are only entitled to share and maintenance. They cannot ask for partition like coparcenary.
- After Marriage Status of Women – A daughter is no longer the member of the family after marriage, but her right to coparcenary still continues. In case she is the eldest coparcener she can become the Karta and all other are entitled to ask for partition.
- Daughter Children’s Entitlement – After the death of a married daughter her children are entitled to the share of property she received during partition. In case her children died too than her grandchildren can claim the share.
- Gifting of Share – A daughter cannot gift her share of the property, it can only be done by the way of will. If in case she dies without preparing a will her share will automatically get transferred to her legal heirs.
