Which is the latest Judgement on daughters being Coparceners?

Recently, the Supreme Court of India, aiming at ensuring the ‘right of equality’, in a landmark judgement, Vineeta Sharma vs Rakesh Sharma, held that a daughter coparcener would have equal coparcenary rights in a Hindu Undivided Family (HUF) properties or equal right to family property by birth irrespective of whether …

Are daughters legal heirs?

In such a case, the property of your deceased brother will devolve upon his class I heirs as per the Hindu Succession Act, 1956. In your situation, the only legal heirs are yourself and your sister, who will have equal rights over the property.

Is daughter a part of HUF?

Yes, a married daughter is considered a part of HUF. Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF.

What is the share of daughters on father’s property?

In case of death of her father a daughter is entitled to get a share equal to that of her brother but her mother and grandmother will also be entitled to get a share equal to that of a son/daughter.

Who has right on father’s property?

The court stated that the property of the grandfather can be held as the father’s ancestral property. There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers’ father had made a partition during his lifetime.

Can my sister claim in our father’s property?

You might have spent heavily towards the family members or your father might have spent on your sisters marriage, but as per law your sisters are entitled to a rightful share in the proeprty which has not been settled. A daughter can claim her share in father’s property after he dies intestate.

Can daughter claim father’s property?

According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers. In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it.

What is Coparcenership?

According to the Merriam-Webster dictionary, the term coparcener, which has been in use since the 15th century, stands for ‘a joint heir’. The Collins dictionary also defines coparcener as a noun, to denote a person who inherits an estate as a co-heir with others.

Can a female be Coparcener?

Only males were recognised as coparceners of the HUF and all the females were called members. All the coparceners are members but vice-versa is not true.

Can daughters be Karta?

# Daughters cannot be made karta as they live away from joint family after their marriage the daughter-in-laws do not also originally belong to their in-law’s family, and therefore their possibility of becoming a karta is also ruled out.

Does daughters have equal rights in fathers property?

According to the order of preference mentioned under Section 15 (1), the property will go firstly to sons and daughters, including children of any pre-deceased son or daughter and the husband. Since your father is no longer alive, you and your brother will have the first right to your mother’s property.

Do daughters have right on father’s property?

According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers. You have not mentioned whether the property is self-acquired or ancestral. In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it.

Who is a coparcener in a Hindu family?

After the amendment in the succession law, through the Hindu Succession (Amendment) Act, 2005, women have been accepted as coparceners. Now, both, sons and daughters, are coparceners in the family and share equal rights and liabilities over the property.

Who is a coparcener in a HUF after marriage?

A daughter remains a coparcener in the property even after marriage and in case of her demise her children become coparceners in her share. Before the 2005 amendment, only men were the coparceners in an HUF, while all the women were only considered ‘members’.

How does a coparcener get his share of the property?

According to the law, all coparceners acquire a right over the coparcenery property by birth, while their share in the property keeps on changing with new additions in the family. Under the Mitakshara system, joint family property devolves by survivorship within the coparcenery.