Does a daughter have the same right as a son in her family’s ancestral property? The law changed in 2005. A 2020 judgment then cleared up a question that had divided courts.
The dispute
The Hindu Succession (Amendment) Act, 2005 changed section 6 of the Hindu Succession Act, 1956. It made a daughter a coparcener in a joint Hindu family, with the same rights as a son. Courts disagreed on one point. Did the daughter’s right depend on her father being alive on 9 September 2005, when the amendment began? Different Benches gave different answers, so the matter went to three judges.
What the Supreme Court decided
The Court decided on 11 August 2020. It held the following.
- The right arises by birth. A daughter is a coparcener from birth, in the same way as a son.
- The father need not be alive. It does not matter whether he was living on 9 September 2005. Earlier decisions to the contrary were overruled.
- Old partitions are safe. Sales, partitions and wills made before 20 December 2004 are protected, if made in a lawful way.
- Oral partition is treated with caution. A plea of oral partition is accepted only with strong public documents, or if it is like a court decree.
- Speed. The Court asked courts to decide pending partition suits within six months.
Why it matters to you
- A daughter can ask for partition of joint family property and claim an equal share with her brothers.
- Families that divided property long ago should check whether the division was recorded in a registered deed or a court decree.
- Claims often turn on documents, so gather title deeds, family trees and old partition papers.
How the Court reasoned
The Court said the 2005 amendment gave a daughter the same status as a son from her birth. It did not tie that status to the father’s survival on a particular date. The amendment applies from 9 September 2005 to rights that arise by birth. The Court read the amendment so that the daughter’s equality has real effect.
What to do with this ruling
- List the joint family property and how each item was acquired.
- Collect any partition deed, court decree, will or mutation record.
- Check the date of any earlier division against 20 December 2004.
Limits to keep in mind
The ruling deals with Hindu joint family, or ancestral, property. Self-acquired property passes by will or succession. Other communities are governed by their own personal laws. See our family law practice page.
Key takeaway
A daughter has an equal coparcenary right by birth. Check the paperwork on any earlier partition before you rely on it.