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  • News From Press Daughters entitled to demand a partition of the properties in an HUF

    Daughters entitled to demand a partition of the properties in an HUF

    Source: Mint Feb 8, 2017

    Could you please explain the changes that have been made to laws regarding daughters having a share in their father's property?

    —Prachi Shah

     

    I am assuming that you are referring to the 2005 amendment in Section 6 of the Hindu Succession Act, 1956 (HSA), which deals with devolution of interest in coparcenary properties governed by the Mitakshara law. 

    A Hindu Undivided Family (joint family) is governed by the two schools of Hindu Law viz; Mitakshara and Dayabhaga. (The Dayabhaga school is prevalent mainly in West Bengal and Assam whereas the Mitakshara school is prevalent in most of the other parts of India.) 

    Prior to the 2005 amendment in Section 6 of the HSA, under the Mitakshara school of Hindu law, only male members descended from a common ancestor such as sons, grandsons and great-grandsons could be coparceners and had an interest by birth in coparcenary property. Daughters albeit members, were not coparceners (and hence were not entitled to demand partition). 

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