Daughters have an equal right in ancestral property
In one line
A daughter is a coparcener by birth in a Hindu joint family, with the same rights as a son.
What happened
Courts had given different answers on whether a daughter gets an equal share only if her father was alive on 9 September 2005, when the Hindu Succession Act was amended.
What the court decided
- Daughters are coparceners by birth, with the same rights and duties as sons, under the amended Section 6 of the Hindu Succession Act.
- It does not matter whether the father was alive on 9 September 2005.
- Partitions completed before 20 December 2004 by a registered deed or court decree are not reopened.
What it means for you
- A daughter, married or unmarried, can claim her share in ancestral (joint family) property.
- This applies to ancestral property, not to property the father bought himself and left by a will.
- A legal notice for partition is usually the first step.
Source: Judgment of the Supreme Court of India in Vineeta Sharma v. Rakesh Sharma, decided on 11 Aug 2020.
Legal Notice for Partition of PropertyDrafted & signed by an advocate · Within 24 hours
This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.
