Can a sister born before 2005 claim her share in the father’s HUF property? | Mint

Our only brother is refusing to part with any share in the HUF property of our deceased father, who passed away in 2009. Our Mother also passed away later on. I was born in 1959 and my sister was born in 1950. My father used to file the ITR for the HUF and pay taxes. Are we sisters with the above date of birth entitled to claim a share in assets of our father’s HUF?

Before the amendment of the Hindu Succession Act, 1956, in 2005, daughters were not treated as coparceners in the HUF, of which they were members by being born into the family. However, the 2005 amendment to Section 6 of the Hindu Succession Act, 1956, which came into effect on 9 September 2005, grants daughters equal rights to coparcenary property, making them coparceners by birth, with the same rights and liabilities as sons.

Daughters’ Rights as Coparceners under the Hindu Succession Act (2005)

With this amendment, the daughters have been put on parity with the sons and are entitled to equal share in the HUF property as that of a son. After being granted the status of coparcener, the daughters are entitled to ask for partition and are also entitled to be appointed as Karta of the HUF where they are coparcener.

You are entitled to your share of the HUF property since you were alive on the date of coming into force with the above amendment. You can file a suit for partition in the court of appropriate jurisdiction to claim your share in the HUF property if you cannot convince your brother to give you your legitimate share.

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Balwant Jain is a tax and investment expert and can be reached on jainbalwant@gmail.com and @jainbalwant on his X handle.

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