Opinion Of Eminent Legal Luminaries On Controversial Issues

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Hindu Succession Act , 1956 – Effect of Succession (Amendment) Act 2005

QUERY: What is the effect of Hindu Succession (Amendment) Act, 2005 in respect of right of daughter in HUF property?
ANSWER: The Hindu Succession Act, 1956 has been amended in the year 2005 with a view to give daughter on birth, same right as a son on his birth. Consequently, the daughter has the right to be a co-parcener and also right to claim partition or vest her individual property in the HUF. These are important right hitherto denied to daughters, The amendment takes effect from September 9, 2005.
Thus, after marriage, she remains co-parcener in her father’s HUF and becomes a member in husband’s HUF.
As she is co-parcener in her father’s HUF, she can also will her share in co-parcenery property.
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