For generations in India, sons were traditionally viewed as the primary heirs to family property. However, with major legal reforms over the past two decades, daughters now enjoy equal rights in their father’s property—whether the father is alive or deceased.
In this blog, we’ll break down the legal evolution, key Supreme Court judgments, and the current status (as of 2025) of a daughter’s rights in ancestral and self-acquired properties in India.
The Historical Background
Under Hindu law, inheritance and property rights were primarily governed by the Hindu Succession Act, 1956. Originally, this Act granted sons equal rights in ancestral property as coparceners (joint owners) but excluded daughters.
This inequality meant that:
- Daughters could not demand partition.
- They had no equal share in ancestral property.
- Their rights were often tied to their marital status.
This gender bias continued for decades until landmark amendments and Supreme Court judgments redefined equality in inheritance.
The Hindu Succession (Amendment) Act, 2005
A major turning point came with the Hindu Succession (Amendment) Act, 2005, which made daughters equal coparceners in the joint Hindu family property, just like sons.
Key Highlights of the 2005 Amendment:
- Equal Rights: Daughters now have the same rights and liabilities as sons in ancestral property.
- Birthright: The right arises by birth, not by the father’s death.
- Partition Rights: Daughters can demand partition or sale of ancestral property.
- No Discrimination: Marriage or marital status does not affect a daughter’s inheritance rights.
Essentially, from 2005 onward, daughters became equal stakeholders in family wealth—a monumental shift toward gender justice.
Supreme Court’s Landmark Judgment (2020)
In Vineeta Sharma vs Rakesh Sharma (2020), the Supreme Court provided long-awaited clarity on the law.
The Court ruled that:
“A daughter has the same coparcenary rights and liabilities as a son, irrespective of whether the father was alive on the date of the 2005 amendment.”
What This Means:
- Even if the father passed away before 2005, the daughter can still claim her share.
- The only condition is that the property must be ancestral and not partitioned before 2005.
This judgment made inheritance rights truly gender-neutral for Hindu daughters.
Daughter’s Right in Father’s Property – Two Scenarios
1. Ancestral Property
Ancestral property is one inherited up to four generations of male lineage.
Daughters now:
- Have an equal share as sons.
- Can demand partition of property.
- Can transfer or gift their share.
Example:
If a father leaves behind one son and one daughter, both will inherit an equal share (50% each) in ancestral property.
2. Self-Acquired Property
If a father owns property that he bought, built, or received as a gift, it is self-acquired.
- The father has full freedom to decide how to distribute it through a will.
- If the father dies without a will (intestate), the property is divided equally among all Class I heirs — including sons, daughters, widow, and mother.
So, in intestate cases, daughters have an equal claim even in self-acquired property.
Rights of Married and Unmarried Daughters
The law does not differentiate between married and unmarried daughters.
- Marriage does not take away inheritance rights.
- Daughters can claim their share even after marriage, and even if they are settled elsewhere.
The 2005 Amendment clearly states that all daughters, by birth, are coparceners — regardless of marital status.
Can a Daughter Sell or Gift Her Share?
Yes. Once a daughter’s share is legally determined and registered, it becomes her individual property.
She can:
- Sell, lease, or gift her share.
- Bequeath it through a will.
- Mortgage it if needed.
However, the property must first be partitioned and mutated in her name through proper registration.
Exceptions to Keep in Mind
- The law applies to Hindus, Buddhists, Jains, and Sikhs under the Hindu Succession Act.
- For Muslims, Christians, and Parsis, inheritance is governed by personal laws that may differ.
- If property was already divided before 20 December 2004, daughters cannot reopen the partition.
How Daughters Can Claim Their Share
- Check the Nature of Property – Whether it’s ancestral or self-acquired.
- Gather Documents – Sale deed, 7/12 extract, partition papers, family tree.
- Issue a Legal Notice – To other co-heirs demanding partition.
- Register Partition or File a Suit – If family members do not agree amicably.
Professional legal guidance ensures smooth execution and prevents disputes.
Why This Law Matters
The equal inheritance law is more than legal reform—it’s a social milestone. It empowers women economically, reduces gender disparity in wealth ownership, and acknowledges their rightful place in family legacy.By treating sons and daughters equally in property succession, India takes a progressive step toward true gender equality in 2025.
