Daughters' Rights in Ancestral Property: Hindu Succession Act
Explaining the equal coparcenary rights of daughters. Impact of the 2005 Amendment and the 2020 Supreme Court verdict. Procedure for Partition Suits.
Property law in India has undergone a paradigm shift to ensure gender equality. The Hindu Succession (Amendment) Act, 2005 is the landmark legislation that changed the status of daughters from mere members to 'Coparceners' (joint owners).
The Concept of Coparcenary
In a Hindu Undivided Family (HUF), ancestral property belongs to the coparceners. Before 2005, only sons were coparceners. Daughters had no birthright to the property.
The 2005 Amendment: Equal Rights
Since September 9, 2005, Section 6 of the Act declares that a daughter:
- Is a coparcener by birth, just like a son.
- Has the same rights and liabilities as a son.
- Can ask for partition of the ancestral home.
The Vineeta Sharma v. Rakesh Sharma (2020) Judgment
The Supreme Court settled a long-standing confusion: Does the father need to be alive in 2005 for the daughter to claim rights?
The Court ruled clearly: NO. The right is retroactive. A daughter is a coparcener by birth, regardless of whether her father was alive or dead on the date of the amendment.
Ancestral vs. Self-Acquired Property
It is crucial to distinguish the two:
- Ancestral Property: Property inherited up to four generations. Here, daughters share is equal to sons.
- Self-Acquired Property: Property bought by the father with his own income. He has full freedom to Will this to anyone he likes. BNS/IPC does not apply here; this is pure Civil Law.
How to File for Partition?
If your brothers deny your share:
1. Send a Legal Notice demanding partition.
2. File a Partition Suit in the Civil Court of competent jurisdiction.
3. The court fees are generally nominal (fixed) if you claim to be in joint possession (constructive possession).
Don't let social pressure deprive you of your legal birthright. The law stands firmly with the daughter.
Civil Court, Nawada, Bihar