Q :- What are Coparcenary rights of daughter? Whether after death of daughter, her children can claim rights in coparcenary property?
Ans:- “Coparcenary is a narrower body within a Mitakshara joint Hindu family, consisting of persons who acquire an interest in coparcenary property by birth. After the Hindu Succession (Amendment) Act, 2005, under Section 6, the daughter of a coparcener also becomes a coparcener by birth in her own right, in the same manner as a son, with equal rights and liabilities, including the right to claim partition. The Supreme Court in Vineeta Sharma v. Rakesh Sharma clarified that this right of the daughter is by birth, and it is not necessary that the father should have been alive on 9 September 2005. However, the amendment does not reopen dispositions, alienations, partitions, or testamentary dispositions validly effected before 20 December 2004.So far as the daughter’s death is concerned, if she had acquired a share in the coparcenary property, that share devolves by succession upon her legal heirs. Therefore, her children can claim the share devolving through her, but they do not become coparceners in the maternal grandfather’s HUF merely by virtue of being her children.”
One liner
“Section 6 gives daughters equal coparcenary rights by birth. After her death, her interest devolves on her heirs; hence her children can succeed to her share, but they do not become coparceners in her father’s HUF solely on that basis.”
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