Legal Question in Real Estate Law in India

Hello Sir,

I am a married daughter of HUF. Married in 2006. I have two brothers & one sister. My father worked as a senior civil servant & amassed wealth which was added to HUF funds. HUF consists of my paternal grandmother, (my paternal grandfather is no more), my father & his brother along with their families. My uncle has two sons one of which looked after the agri-land & the other had a saree shop for himself. All of this formed a part of HUF along with some ancestral land & some land added later on. My paternal cousins have their own family & children. Most of the property was in the name of uncle & his family (wife, sons, daughter in laws, grandchildren etc) & little was in the name of my brothers & father. There wasn't anything in either my name or my sister's as we are the females. Also my father's two sisters were not given anything of this, even from the ancestral property.

Recently around 3 months back my brothers & cousins along with my father, mother, uncle, aunt & others from uncle's family did a HUF property division. Whilst I remained unaware of the facts.

The property is in the Nanded district of Maharastra, whilst presently I reside in Pune. Also I am married to a Hindu from Kerala.

I have a few doubts regarding the my questions-

1. Does a daughter have equal rights in HUF property as does a son?

2. Can a daughter initiate legal proceedings for the same?

3. Will the property funds be divided equally amongst my paternal aunts, father & uncle as they have their rights too?

Thanks & regards


Asked on 11/04/12, 9:50 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers to your questions are here in below for your perusal :-

1) Yes the daughters have equal right and share in the HUF property. This has been added after the recent amendment.

2) Yes.

3) Yes.

Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 11/04/12, 11:47 pm
Shrichand Nahar S.V.Nahar, Advocate

1. She has a right. Check deed and date of partition to know nature and extent thereof.

2. May be.

3. See 1 and 2 above.

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Answered on 6/24/13, 10:33 pm


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