IndiaCan a daughter inherit equally as a son in Hindu law?
Yes, a daughter inherits equally with a son under Hindu law since the 2005 amendment to the Hindu Succession Act.
What the Law Says
The Hindu Succession Act, 1956 was amended in 2005 to remove gender discrimination in ancestral property rights. The amendment grants daughters equal coparcenary rights by birth — the same as sons.
Before 2005, only sons were coparceners in a Hindu Undivided Family (HUF), meaning they had birthright in ancestral property. Daughters were excluded from this status and could only inherit through succession after death.
The Hindu Succession (Amendment) Act, 2005 inserted a new clause in Section 6, making daughters coparceners 'by birth' in the same manner as sons — with equal rights and liabilities.
This applies to all daughters — whether born before or after 2005 — and covers both living daughters and those born post-amendment. The Supreme Court has clarified that the amendment is retrospective in effect from the commencement of the original Act in 1956, provided the father was alive on 9 September 2005.
Statutory TextOn and from the commencement of the Hindu Succession (Amendment) Act, 2005, a daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son.
— Hindu Succession Act, 1956, s. 6 — Rights of daughter in coparcenary property
What Courts Have Said
Indian courts have consistently upheld daughters’ equal rights in ancestral property, interpreting the 2005 amendment broadly and retrospectively.
Held that a daughter’s coparcenary right is acquired by birth and is not dependent on the father’s survival on 9 September 2005; the amendment applies retrospectively.
Initially held that the amendment applied only if the father was alive on 9 September 2005, but this was overruled by Vineeta Sharma (2020).
What to Do
Confirm whether the property is ancestral (coparcenary) or self-acquired — only ancestral property triggers automatic coparcenary rights.
Check if your father was a coparcener and whether he was alive on 9 September 2005 (though Vineeta Sharma relaxed this requirement).
File a suit for partition or seek a legal declaration of your coparcenary rights if denied.
Obtain a succession certificate or mutation entry in revenue records to reflect your share.
Consult a lawyer to draft a partition deed or pursue mediation before litigation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.