Your rights
Do daughters have equal property rights?
Short answer
Yes. After the 2005 amendment to Hindu Succession Act, daughters have equal coparcenary rights as sons in ancestral property. This applies regardless of when they were born.
Understanding the issue
The Hindu Succession (Amendment) Act 2005 gave daughters equal coparcenary rights in Hindu joint family property. The Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) held that daughters have coparcenary rights by birth, and this right is not dependent on whether the father was alive on the date of the amendment. Daughters can seek partition, have equal share in ancestral property, and can even become Karta (manager) of Hindu Undivided Family. This applies to all Hindu, Sikh, Jain, and Buddhist families. For self-acquired property, daughters are Class I heirs and get equal share if the father dies intestate.
Laws that apply
- Hindu Succession Act — Section 6
- Vineeta Sharma v. Rakesh Sharma (2020) — Equal coparcenary rights