Your rights
What are my rights to ancestral property?
Short answer
You have a birthright to ancestral property. Under Hindu Succession Act (2005 amendment), sons and daughters have equal rights in ancestral property.
Understanding the issue
Ancestral property is property inherited from up to four generations of male lineage. Under Hindu law, you acquire a right to ancestral property by birth — this is called coparcenary right. After the 2005 amendment to the Hindu Succession Act, daughters have equal coparcenary rights as sons. This means daughters can demand partition, have equal share, and cannot be denied their share. The property must have remained undivided through generations to retain its ancestral character. If the property was self-acquired by your father and not inherited, different succession rules apply. For Muslims, property inheritance is governed by personal law with specific shares.
Laws that apply
- Hindu Succession Act — Section 6
- Hindu Succession (Amendment) Act, 2005