IndiaCan a daughter claim equal share in ancestral property?
Yes, a daughter has equal rights to ancestral property as a son under the Hindu Succession (Amendment) Act, 2005 — irrespective of whether she was born before or after the amendment.
What the Law Says
The Hindu Succession Act, 1956 was amended in 2005 to remove gender discrimination in inheritance of ancestral (coparcenary) property among Hindus.
Before 2005, only sons were coparceners by birth in a Hindu Undivided Family (HUF), giving them automatic rights to ancestral property. Daughters had no such birthright.
The Hindu Succession (Amendment) Act, 2005 changed this: it gave daughters the same rights and liabilities as sons in coparcenary property — by birth, not by will or gift.
This applies to all daughters — whether born before or after 2005 — as long as they are alive on 9 September 2005 (the date the amendment came into force). The Supreme Court has clarified that the right is not dependent on the father being alive on that date.
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 (Amendment) Act, 2005, s. 6(1) — Devolution of interest in coparcenary property
Statutory TextThe daughter shall have the same rights in the coparcenary property as she would have had if she had been a son.
— Hindu Succession (Amendment) Act, 2005, s. 6(1)
What Courts Have Said
Indian courts have consistently upheld daughters’ equal coparcenary rights — even retroactively — and clarified key conditions for enforcement.
The Court held that a daughter’s right to be a coparcener 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 — later overruled by Vineeta Sharma (2020).
What to Do
Confirm the property qualifies as ‘ancestral’ (i.e., inherited up to four generations and undivided at the time of partition).
File a suit for partition under Section 6 of the Hindu Succession Act, 1956 (as amended) if denied a share.
Obtain a legal heirship certificate and mutation of land records in your name.
If family settlement is possible, execute a registered family arrangement deed to avoid litigation.
Consult a lawyer to assess whether any adverse possession or prior alienation affects your claim.
Sources
Same Question, Other Jurisdictions
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UKNot 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.