02 December 2018
What will be the married daughter status if father dies before the Hindu Succession (Amendment) Act, 2005. Please clarify in details. Thanks in advance.
02 December 2018
A very similar query I have received on my blog. You have heard that right, that if the father himself dies before the Hindu Succession (Amendment) Act, 2005 then Daughter would not be eligible to be a Co-Parcener. But As you asked for details, I would like to explain it in detail;
Earlier, once a daughter was married, she ceased to be part of her father's HUF. Many saw this as curtailing women's property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'Karta' (who manages) of his HUF property.
The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons. Earlier, according to the rulings, a daughter was eligible to be a co-sharer only if the Father and the Daughter were alive on September 9, 2005. However, on February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.
But the above was the position if daughter died before the amendment act. But before this ruling i.e passed by SC on Feb 2, 2018 there was already a ruling of SC itself which clarifies the position of Father if he dies before Sep. 9 2005. The Essesnce of ruling was as follows;
A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings. The amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have a retrospective effect, (a SC bench comprising Justices Anil R Dave and Adarsh K Goel held that) the date of a daughter becoming co-parcener is ON and FROM the commencement of the Act.
Logic (my opinion)- As I mentioned my article itself, the HUF can be created at 4 level lineal descendants including the first male ancestor which means:
* When the father (say Mr. X) is alive then children i.e. Sons & Daughters remains at the Second level in their Father's HUF.
* But when the father (Mr. X) dies, the first level shift to the Sons & Daughters being as a Siblings (not as a Son and Daughter)
* Now 2005 Amendment Act says even a "Married Daughter" will have co-parcenary right in her father's HUF, but in the said case the status of "Daughter" has already been changed to "Siblings" before the amendment brought in 2005. And there is no Daughter (of Mr. X) as the father himself has died. And, Therefore even if we try to apply the Amendment of 2005 that would not be applicable logically as well.
Hope, this would be a satisfying answer for your query. Also, If you have any further query or suggestion and need a quick response, you can also comment on my blog directly. Here is the link of that;
CAclubindia
