Do daughters have an equal share in their father's property?
Simple answer
Yes, for Hindus, Sikhs, Jains and Buddhists. Since 2005 a daughter has the same birth right as a son in joint family (ancestral) property, married or not. In her father's self-acquired property, she gets an equal share only if he dies without a will.
Real-life examples
Priya is married and lives in Indore. Her brothers say she has no share in the family's joint land because their father died in 2001, before the 2005 change. The Supreme Court has held that the father need not have been alive in 2005. As the land was never partitioned, Priya can claim her share.
Gurpreet's father bought a flat with his own earnings and left a valid will giving it to her brother. Because it was self-acquired and he made a will, Gurpreet cannot claim an equal share in that flat, unless the will itself is challenged and set aside.
What should you do?
- 1Find out whether the property is joint family (ancestral) or your father's self-acquired. Collect sale deeds, revenue records and any partition papers.
- 2Ask your family in writing for your share. Don't sign a release deed (hak tyag) or 'no objection' under pressure.
- 3Check land and municipal records. If your name was left out at mutation, file an objection at the tehsil or municipal office.
- 4If the family refuses, talk to a lawyer about a partition suit in the civil court.
- 5Can't afford a lawyer? Call NALSA at 15100 for free legal aid.
Exceptions & limits
- A partition done before 20 December 2004 by registered deed or court decree is not reopened. An oral partition is generally not accepted unless backed by public records.
- Many properties people call 'ancestral' are legally the father's own, such as property he inherited from his father after 1956. He can give that away by will.
- Muslims, Christians and Parsis follow different succession laws. The Hindu Succession Act does not apply to Scheduled Tribes unless the Centre notifies it.
Official legal reference
Hindu Succession Act, 1956 — Section 6 (as substituted in 2005)
A daughter is a coparcener by birth in a Mitakshara joint family, with the same rights and liabilities as a son.
Hindu Succession Act, 1956 — Sections 8, 30 and Schedule
Without a will, Class I heirs, including sons, daughters, widow and mother, inherit a Hindu man's property first; a Hindu may leave property by will.
Vineeta Sharma v. Rakesh Sharma (2020)
Supreme Court: daughters are coparceners by birth; the father need not have been alive on 9 September 2005.
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- Varies by state
- The birth-right rule is for Mitakshara joint families. Families following the Dayabhaga school (mainly in Bengal) inherit only on death, and Kerala abolished joint families in 1975. For farm land, also check your state's land laws.
- Law in force since
- 9 Sept 2005
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.