She deserves the right to take care of you equally: Give her an equal share

A daughter, who takes care of you before and after her marriage, deserves the legitimate right to be the ‘Karta’ of your family.

In December 2015, the Delhi High Court amended the Hindu Succession Act, 1956 passed in 2005, stating that a daughter can be the ’Karta’ of a Hindu Undivided Family (HUF). This act is applicable to Hindus, Jains, Sikhs or Buddhists by religion. The amendment has transformed the lives beautifully of many women in the country.

Rights before the amendment:

Under the Hindu law, a Hindu Undivided Family (HUF) means a family of lineally descended persons from a coarse ancestor. These persons were divided into two parts: coparceners and members. Coparceners were the eldest member and three generations of a family. The women were treated as members, not coparceners because women did not possess the right to be a coparcener, sole males were given this right by birth. Women possessed the right of maintenance from the HUF property and a share in the HUF property at the time of partition but men obtained the right to ask for partition and shares in the property. Upon the marriage of the daughter, the right to be a member of the HUF family was ceased and she’s no longer entitled to the right of maintenance as well as to get a share in the property of the HUF if the property were partitioned after her marriage. The female member was not entitled to become the ‘Karta’ of the HUF.

Rights after the Hindu Succession Act, 2005 Amendment:

The amendment now grants the same rights to a daughter that were limited only to sons and the right to be appointed as ‘Karta’ of the HUF. At present, the daughter can also be a coparcener by birth and secure the right to ask for partition of the property. She gets all the coparcenary rights but the female members who come in the family by virtue of marriage are still treated as members only, however they are entitled to maintenance and shares at the time of partition.

Earlier, a daughter was ceased to be a member of the HUF and did not have coparcenary rights but now she continues being a coparcener even after the marriage. At present, the daughter possesses the right to ask for partition of her father’s property as well as to become the ’Karta’ of the HUF even if she is married.

A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, the daughter cannot gift her share in HUF property while she is alive but can give away her share by a way of will.

The property rights of Indian women have grown better with time and improved the circumstances of an Indian woman in society.

DGS Group believes in equal rights for men and women both be it property or be it right to speak. We support right to equality.

“If a man makes money to build a home, a woman makes a home to live in”; she deserves the rights as much as you do.