A daughter cannot be denied her legal share in Hindu Undivided Family (HUF) coparcenary property merely because she married against her parents' wishes. Under the Hindu Succession (Amendment) Act, 2005, daughters have the same rights as sons in Mitakshara coparcenary property.
A daughter becomes a coparcener by birth and enjoys the same rights in ancestral coparcenary property as her male counterparts. Her marriage against her parents' wishes does not take away these rights, although her entitlement depends on the nature of the property and the applicable legal provisions.
Does a Daughter Have Rights in HUF Property?
Under the Hindu Succession (Amendment) Act, 2005, daughters have the same rights as sons in Mitakshara coparcenary property. A daughter becomes a coparcener by birth and can claim a share in HUF property, just like her brother.
However, the marriage of a daughter against parent's will does not waive her legal rights in HUF property. As per the law, this can not be a ground to deprive her of her right in HUF coparcenary property.
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Can the Father Refuse Her Claim?
A father cannot deny his daughter's legal share in HUF coparcenary property simply because he disapproves of her marriage. Her rights are determined by law, not by her parents' approval.
However, not all properties owned by the family are HUF properties. Properties that have been personally acquired by the father do not necessarily fall into the category of ancestral coparcenary property. In case the father owns the property, he has more freedom to manage it as per the law.
The daughter's right will depend on the nature of the property and the relevant succession laws.
What Should Families Keep in Mind?
Before making a decision, families should identify whether the property is genuinely HUF property or belongs personally to the father. Checking the property documents and consulting a legal professional can help clarify ownership rights and prevent disputes.
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