My sister’s have requested for a share in HUF of my father. Is their declare legitimate?

I’ve two sisters. We have some ancestral property in our Hindu Undivided Family (HUF) of my father. My father handed away in 2002. Now each of my sisters have requested for his or her share in HUF belongings and have requested for a partition. Is their declare legitimate? -Rajesh Gupta

Section 6 of the Hindu Succession Act, 1956 governs rights of members of an HUF over properties of Hindu Undivided Family. Only male members referred to as coparceners had been entitled to ask for partition and get a share within the joint household properties previous to 2005. Section 6 of The Hindu Succession Act, 1956 was amended in 2005 making daughters as coparcener of the joint household thereby entitling every one among them for a share within the joint household property equal to that of a son. The modification made the daughters topic to the identical rights and liabilities as a son. 

Since the daughters had been made coparcener, they mechanically turned entitled to ask for partition of the HUF. There had been some controversy about whether or not the daughters which born after ninth September 2005, the date on which the amendments got here into pressure, solely had been coated by this modification or whether or not all these daughters who had been alive on that date turned coparcener. There had been additional controversy as regards whether or not it was mandatory that father and daughter each must be alive on that date to make a residing daughter a coparcener beneath these amended provisions, There had been conflicting choices of varied High Courts in addition to Supreme Court on the topic. 

The matter was finally settled by the Supreme Court by means of a call within the case of Vineeta Sharma v/s Rakesh Sharma delivered on eleventh August, 2020. By this choice the Supreme Court has held that the incidence of turning into a coparcener is related with the start of an individual so the date of dying of the daddy will not be related for figuring out when the daughter turned a coparcener.

 The court docket held that although the daughter turned a coparcener as quickly as she was born however her rights within the joint household property as coparcener will get crystallised on the day when the modification in part 6 of Hindu Succession Act 1956 got here into impact. So your sister are legitimately entitled to get their share within the HUF belongings and in addition ask for partition of HUF belongings to get their share.

Balwant Jain is a tax and funding professional. He may be reached on jainbalwant@gmail and @jainbalwant on Twitter

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