Stories
Can a Daughter Claim HUF Property After Marrying Against Family Wishes?
M
Moneycontrol•16-10-2026, 16:59
Can a Daughter Claim HUF Property After Marrying Against Family Wishes?
- •Under the Hindu Succession Amendment Act of 2005, daughters are coparceners and have the legal right to demand a partition and share in HUF assets.
- •A father cannot refuse a daughter's demand for her share in the HUF property, regardless of family wishes or the marriage circumstances.
- •The entire HUF does not need to be fully partitioned if only the daughter demands her share; remaining members can keep the entity intact.
- •Income tax laws do not recognize partial partitions, meaning income from assets given to the separating daughter may still be taxed under the HUF due to clubbing provisions.
Key Questions Answered
Yes, under Hindu law, a daughter is a coparcener and is legally entitled to ask for a partition of the Hindu Undivided Family (HUF) assets to get her share, regardless of whether she married against her parents' wishes or whether the family wants to keep the entity intact.
No, it is not necessary to make a full partition of the HUF when a single coparcener demands a share; the remaining family members can continue as an HUF entity.
Income tax law does not recognize partial partitions, so any income received by the separating daughter continues to be taxed in the hands of the HUF due to clubbing provisions until a full partition is completed and officially recorded by the income tax officer.
