Marriage Against Parents’ Wishes Does Not End Daughter’s HUF Property Rights

Marriage Against Parents’ Wishes Does Not End Daughter’s HUF Property Rights

New Delhi, October 18 : A daughter cannot be denied her lawful share in Hindu Undivided Family property solely because she married against her parents’ wishes.

The 2005 amendment to the Hindu Succession Act gave daughters coparcenary rights alongside sons. These rights allow a daughter to seek partition and claim her share of HUF assets, regardless of parental approval of her marriage.

Her decision to separate does not necessarily require the entire family to divide its holdings. The remaining members may continue together as an HUF while she receives her entitlement.

However, such an arrangement carries a tax complication. A partial partition is not recognised for income-tax purposes. Income from assets allotted to the departing daughter may therefore remain taxable in the HUF’s hands, even when she receives that income herself.

Families considering a division must distinguish between a legally permissible separation and its tax treatment. Giving a daughter her share does not automatically end the HUF’s tax liability on income generated by those assets.

[HUF property rights, daughter’s property rights, Hindu Succession Act, HUF partition, inheritance rights, married daughter’s rights]

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