After the Hindu Succession (Amendment) Act of 2005, daughters got equal rights in their father’s ancestral property, just like sons. This law applies to Hindus, Buddhists, Jains, and Sikhs. But even with this law in place, there are many conditions where daughters may not be able to claim their rightful share. These legal exceptions confuse many families and often lead to disputes. Let’s understand clearly when daughters may not get a share of the property and what legal rights they have.
Daughters Have Equal Rights in Ancestral Property — But with Conditions
According to the Hindu Succession Act, a daughter becomes a coparcener in the joint Hindu family property, just like a son. This means she can demand partition and claim her equal share. She also has the right to inherit property after her father’s death, even if he died after 2005. However, this rule only applies if the property is ancestral.
What is ancestral property?
Ancestral property passes undivided through four generations of the male lineage — great-grandfather, grandfather, father, and son. Daughters now have equal rights in this property, but only if the property has not been legally partitioned before 2005.
Daughter Has No Legal Right in Self-Acquired Property of Father
A father buying property from his income is considered self-acquired property. In such cases, the father has complete legal freedom to transfer or dispose of the property.
If the father writes a will excluding his daughter from the inheritance of self-earned property, then she cannot legally object. He may give the property to a son, wife, another daughter, or even a third person.
Key Point:
Daughters cannot claim a legal right in self-acquired property unless their name is mentioned in the will or the father dies intestate (without a will).
Legal Partition Before 2005 Denies Claim to Daughters
The Supreme Court has clarified that daughters cannot reopen the partition if a family partition of ancestral property was legally completed before 2005. Even if a daughter was not given a share, the law will not allow her to claim it now.
However, if the partition was informal or unregistered and unfairly excluded, she could challenge it in court.
Note:
Only legal and documented partitions completed before 2005 are considered valid against the daughter’s claims.
If Property Was Gifted, Daughter Cannot Claim It.
If the father or grandfather gifted the property to someone — a son or a relative — through a legal gift deed, then the daughter cannot challenge it. Gifts that are legally registered are protected by law.
This applies to self-acquired and ancestral property, provided the gift deed is valid.
If Daughter Gave Up Her Share Voluntarily
Sometimes, daughters give up their share in the property by signing a written agreement in return for money, gold, or other benefits. In such cases, they lose the legal right to claim the property later.
However, if the daughter signed the agreement under pressure, fraud, or misunderstanding, she can challenge it in court. She must prove that the consent was not given freely.
What Happens When a Daughter Is Left Out of the Will
If the father mentions in his will that the daughter should not receive any part of the property, and the will is valid, then she cannot get any share.
But if the daughter believes that the will was made under pressure or by cheating, she can contest it in court. The court may ask for proof and decide accordingly.
No Rights in Property Handed Over to Trust
If a property is legally handed over to a trust or transferred to someone under a legal agreement, then the daughter cannot make a claim. Trusts are protected under Indian law, and the property is no longer part of the father’s estate.
Exceptional Cases: Daughter’s Rights Depend on Family Type
- Joint Hindu Family (HUF):
- If the family runs under a Hindu Undivided Family (HUF), daughters are treated as coparceners since 2005. They can demand a partition.
- Muslim Law:
- Muslim daughters have different rights based on personal laws. The 2005 Hindu Succession Act does not apply here.
- Christian and Parsi Law:
- Daughters in Christian and Parsi families get equal shares under the Indian Succession Act of 1925.
When Can Daughters Legally Challenge Property Transfers?
- If the will was created under fraud or force
- If the gift deed was signed illegally
- If the daughter was unfairly denied a share in the undivided ancestral property
- If a verbal or unregistered partition was made without her consent
In such cases, the daughter can approach the civil court for justice. Legal documentation and evidence are necessary to support the case.
Know Your Legal Rights: Seek Legal Help in Property Matters
Even though daughters have equal legal rights in ancestral property after 2005, many families still follow outdated customs or create unfair wills and transfers. It is essential for daughters and their families to clearly understand their rights. Consulting a legal expert or property lawyer can help avoid misunderstandings and protect rightful inheritance.
Disclaimer: This article provides general legal awareness and should not be considered legal advice. Readers must consult a qualified legal expert for property disputes or inheritance cases.
Sources: India Today, Zee Business, Ministry of Law and Justice
