Gaurav Kapoor (student Final) (205 Points)
20 October 2009Plz tell me that
1) SHALL MARRIED DAUGHTERS ACT AS A HINDU COPARCENERS?
2)IN HUF OR HINDU COPARCENERY,CAN FEMALES DEMAND PARTITION?
3)IN HUF,CONTRACT IS NT NEEDED TO B MEMBER BUT ITS ONLY BIRTH WHICH GIVE THAT STATUS THEN
i)IS REGISTRATION OF HUF NEEDED?
ii)IF YES THEN WHAT IS THE TREATMENT OF ANCESTRAL PROPERTY ON PARTITION,IF WE SUPPOSE HUF IS NT REGISTERED?
CA RAJENDRA KR SHARMA
(Article)
(212 Points)
Replied 22 October 2009
1. No
2. No ,only Male co parrceners can demand for partition.
3.Only the Birth gives the right of Membership,Hence-
The reg of HUF is not required
varun sharma
( CA Final , M.Com)
(87 Points)
Replied 30 October 2009
hi Gaurav, here is the answers to ur queries:
1. Due to amendmend brought in the Hindu Succession Act 1956 by the Hindu Succession(Amenmend) act 2005, the daughters have been given the following rights under sec 6 :
i) the daughter of a co parcener shall by birth become a coparcner in her own right in the same manner as the son.
ii) The daughter shll be sub to same liablity in said coparcernry property as the son .
iii) The dauther is alloted the same share as is allotted to son.
iv) The share of the pre- deceased son or pre deceased daughter shll ba alloted to the surviving child of such pre deceased son or of such predeceased daughter.
2. yes, as the daughter can become the coparcener she can demand the partition of huf. even married daughter has the right to become the co parcner.
3. No contract is needed to make Huf it is by the nature or by birth. but in case of child adopted by huf (male) there is written adoption is needed but after then he will become the member or coparcner treated as by birth.
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