Rights of female co-parcener in breakup of Indian HUF?

Question

If an Indian HUF (Hindu Undivided Family) is voluntarily wound up....would a female member/co-parcener inherit a share?

In Indian law, females can inherit a share from a deceased parent...whereas inheritance from a wound up HUF seems to be a point in litigation.

Can someone throw a light?
Sanjay.

Answer 1

Best Answer - Chosen by Voters

See by Act 39 of 2005, section 3, there has been a change in section 6 of the Hindu Succession Act,1956 where in Joint Hindu Family governed by the Mitakshara law, 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 right in the coparcenary property as she would have had if she been a son;
(c) be subject to same liabilities in respect of the said coparcenary property as that a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to include and any reference to a daughter of a coparcenar:

What all this shows & means that now after this amendment of 2005, the even a daughter (not wife or mother) in a Joint Hindu Mitakshara Family has equal right to have equal share in the Copacenary property as any son, now whether that is given to her at the time of family settlement or the partition of the family property in question which was not the case before this amendment as such daughter was then only entailed for mere maintenance amount from the family property or some Stridhan given to her at the time of marriage nothing more but now she gets equal share as any son.

Source(s):

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