What are the rights over property of female in HUF?

Transfer of property of minors by natural guardian, widows, managers of Hindu joint family, karta of Hindu Undivided Family (HUF) is legally valid, if such transfer is for genuine requirements of the minor or family respectively and the purchaser is aware and satisfied of such requirement. In “Mitakshara” law the Karta of joint family can sell joint family property for legal necessities and in justifying circumstances.

After the enactment of The Hindu Succession Act 1956, w.e.f.17th June 1956 the status of Hindu female and her capacity to deal with property has considerably improved. As per section 14 of the said act, any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

What in case the family residential property is sold?

After enactment of Hindu Succession Act, 1956, the position and rights of widow, daughter, predeceased son’s wife and certain other female heirs of a Hindu family has changed considerably. Right of residence of such persons has to be considered in the light and context of section 23 of the said Act, which lays down a special provision in respect of family dwelling house, as given below:

(1) In an undivided Hindu family having two or more male members if one of them dies leaving behind a widow then she is entitled to reside in the family dwelling house, after death of her husband.
(2) If the house is sold by surviving coparcener or coparceners without necessity and justifying circumstances then by such sale she does not loose her right to stay in that house. The purchaser of the house cannot evict her until another suitable residence is arranged for her.
(3) If the purchaser buys the house with full knowledge that such widow is residing and is being maintained in that house then the purchaser cannot evict her even if the family possesses another property by which she can be maintained.
(4) If the sale is for family necessity, in justified circumstances and the purchaser was aware of such widow’s occupation of the house, she is liable to be evicted.

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