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?IF YES THEN WHAT IS THE TREATMENT OF ANCESTRAL PROPERTY ON PARTITION,IF WE SUPPOSE HUF IS NT REGISTERED?
Tahseen Tabassum
(CA-FINAL)
(644 Points)
Replied 20 October 2009
1. It includes only those persons who acquire by birth interest in the joint or coparcenary property, these being the sons, grandsons and great-grandsons of the holder of the joint property for the time being. Thus from my point of view married daughters does not act as a hindu coparcener.
2. No female cannot demand partition.
3.There is no need for formal registration for an HUF. If you are eligible to form an HUF you can simply open a bank account , obtain a PAN number and start business in the name of the HUF.
Partition of Ancestral Property:
* On a partition of a HUF, which includes the father, mother, and sons, the mother has no right to claim partition, but when the partition is actually effected she takes the share equal to the sons.
* On a partition between a father and his sons where the mother is not living, each son takes a share equal to that of the father.
* On a partition of a joint family consisting of brothers they take equal shares.
* Each branch takes per stripe as regards every other branch, but members of each branch take per capita as regards each other.
* None of the unmarried daughters has a right to share on partition but the partition should provide for their maintenance and education till their marriage and for their marriage expenses.
If i am wrong in any of the point then please let me know.
vaibhav
(M.Com. CA )
(178 Points)
Replied 20 October 2009
Dear Friends ,
As per amendment in 2005 to Hindu Succession Act 1956 ,
- Daughters shall have all the the rights in the joint family property , and they shall be regarded as coparcner like a son for the purpose of partition and for other acts of family.
" Daughter " includes both Married as well as Unmarried daughter.
REGARDS
VAIBHAV
If i'm wrong kindly rectify.
for ur reference i'm attaching para of HINDU SUCCESSION (AMENDMENT) ACT 2005
3. Substitution of new section for section 6.-For section 6 of the
principal Act, the following section shall be substituted, namely:-
'6. Devolution of interest in coparcenary property.-(1) On and from the
commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint
Hindu family governed by the Mitakshara law, the daughter of a
coparcener shall,-
(a) by birth become a coparcener in her own right in the same manner as
the son;
(b) have the same rights in the coparcenary property as she would have
had if she had been a son;
(c) be subject to the same liabilities in respect of the said
coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to
include a reference to a daughter of a coparcener:
Provided that nothing contained in this sub-section shall affect or
invalidate any disposition or alienation including any partition or
testamentary disposition of property which had taken place before the
20th day of December, 2004.
(2) Any property to which a female Hindu becomes entitled by virtue of
sub-section (1) shall be held by her with the incidents of coparcenary
ownership and shall be regarded, notwithstanding anything contained in
this Act, or any other law for the time being in force, as property
capable of being disposed of by her by testamentary disposition.
(3) Where a Hindu dies after the commencement of the Hindu Succession
(Amendment) Act, 2005, his interest in the property of a Joint Hindu
family governed by the Mitakshara law, shall devolve by testamentary or
intestate succession, as the case may be, under this Act and not by
survivorship, and the coparcenary property shall be deemed to have been
divided as if a partition had taken place and,-
(a) the daughter is allotted the same share as is allotted to a son;
(b) the share of the pre-deceased son or a pre-deceased daughter, as
they would have got had they been alive at the time of partition, shall
be allotted to the surviving child of such pre-deceased son or of such
pre-deceased daughter.
Tahseen Tabassum
(CA-FINAL)
(644 Points)
Replied 20 October 2009
I was not aware of this amendment...Thank you for updating .... I will go through it.
CAclubindia
