An HUF is ruled by a karta that controls all the work of the HUF and is traditionally believed to be a patriarch. However, this position has since changed, and the Delhi Supreme Court ruled that a daughter of a coparcener can also be a karta. Section 6 of the 1956 Act was also amended to include obligations and rights in parental property corresponding to the rights and obligations of a son. What share can married girls claim in their father`s property? According to the Supreme Court`s decision, a daughter in her father`s ancestral possession is granted a right equal to that of her brothers. However, this does not mean that after the death of the father, the property will be divided equally between a brother and a sister. Since inheritance law also confers property rights on other legal heirs of the deceased, the division of property is based on each heir`s share in accordance with applicable inheritance laws. A married daughter who has an equal share of her father`s property simply means that no matter how much she claims, her brother will also receive the same share. After the death of a Hindu coparcener, after the date of execution of the change, the sons and daughters of the coparcener are entitled to an equal share of the coparcenary property. The son-in-law has no rights to his father-in-law`s property: Kerala HC. This verdict cleared the air and gave the daughters the same right to parental property as the son. The change also applies to live daughters of living coparceners, regardless of their date of birth. The aspect of a daughter`s right to her mother`s property is generally ignored, but is also an important part of Hindu inheritance law. The girls had no coparcary rights, only membership rights (i.e.

they could enjoy an equal share of the property during their lifetime). Therefore, they could not demand the same division of ancestral property as the sons. Their share of ownership depended largely on the whims of the male members. In short, all coparceners are automatically members, but the reverse was not true. Section 3 of the Hindu Inheritance Act does not grant women the right to apply for partition within a household unless the male members so wish. This restricted women`s autonomy and rights and interfered with their privacy. Accordingly, section 3 of that law was omitted. 25. In February 2021, the Supreme Court ruled that the parental relationship of a deceased woman (without a will) cannot be considered a „stranger“ and can therefore assert her rights to her property. The parents can be the parents of the deceased woman, the direct heirs of her father, that is, the sister or brother of the deceased woman, and finally the heirs on the mother`s side. The term inheritance is used exclusively in the context of succession.

After a person`s death, his or her property, securities, debts and obligations may be transferred to the heir. Although different societies treat inheritance differently, tangible and immovable property are often treated as inheritances. We will discuss inheritance in detail in light of the Hindu law of succession. After the amendment of the Hindu Inheritance Act in 2005, a daughter`s share of parental property became the same as her son`s. The law gives both daughters and one son an „unfettered inheritance“ or birth rights over parental property. The 2005 amendment and subsequent court decisions clarified that a married girl has a right to her father`s property equivalent to that of a son. Once the application is submitted, it will be examined by the judge and the relatives of the deceased will be notified to inform them of the probate procedure. A general notice is also published for the convenience of the public, giving them the opportunity to object to the granting of a rebate. The estate is granted only if there are no objections of any kind or publicity, or if the objections are deemed indefensible, and is concluded after payment of court fees, which depend on the value of the real estate participating in the estate. The daughters and sons of a coparcener have the same rights and responsibilities with respect to coparcenary property. In an HUF, each male member was traditionally considered to be born with a right to ownership of the HUF.

This principle was assimilated by the 2005 amendment. During the wife`s lifetime, the husband has no right to her property. When the wife dies, her share also passes to her husband and children. Devajyoti Barman, a lawyer based in Kolkata, said: „If the wife gets her share in her life, the husband can inherit the same. If she did not inherit from her parents or ancestors during her lifetime, the husband cannot claim it. „If a man bought property in his wife`s name with his own finances, he can keep the property even after her death. In 2015, the Supreme Court ruled that couples who have lived in a domestic partnership for a long time will be treated as married. Although no religion in India accepts life relations as legal, the law provides some relief.