Daughters' Rights in Ancestral Property: Vineeta Sharma and Self-Acquired Property

Few property questions are asked as often as this one: can a daughter claim a share in her father's property, and does it make a difference whether she is married or whether her father is alive? The law changed significantly in 2005, and the Supreme Court cleared up the remaining doubts in 2020. The answer depends mainly on one distinction, whether the property is ancestral or self-acquired.

What Is Ancestral Property?

Ancestral property, in Hindu law, is property inherited by a man from his father, grandfather or great-grandfather, without it having been partitioned, so that it forms part of the joint family estate. Each coparcener acquires an interest in it by birth. Property a person earns or buys with their own resources is self-acquired and is not ancestral, although it can become part of the joint family estate if the owner throws it into the common stock. The label matters, because the two types follow different rules.

What Did the 2005 Amendment Change?

Before 2005, under the Mitakshara system only sons were coparceners. Daughters could inherit only on a father's death, and had no right by birth. The Hindu Succession (Amendment) Act, 2005 changed Section 6 so that a daughter of a coparcener becomes a coparcener by birth in her own right, in the same manner as a son, with the same rights and liabilities, and she can demand a share on partition. The Tamil Nadu Hindu Succession (Amendment) Act of 1989 had already given daughters a right in joint family property in this state, in the manner set out in that Act, so many Tamil Nadu families were affected earlier.

What Did the Supreme Court Decide in Vineeta Sharma?

Disputes arose over whether the amendment applied if the father had died before 2005, and earlier decisions conflicted. In Vineeta Sharma v. Rakesh Sharma (2020), a three-judge bench settled the position:

• A daughter is a coparcener by birth, so her right does not depend on her father being alive on 9 September 2005
• The amendment applies to daughters whether the father died before or after the amendment
• A daughter's marriage does not take away her coparcenary rights
• A partition made before 20 December 2004 by registered deed or decree is not reopened

The practical result is that a daughter can claim an equal share of ancestral property by filing a partition suit, as we describe in our guide to dividing ancestral property, if no valid partition took place earlier.

What About Self-Acquired Property?

The coparcenary right does not extend to self-acquired property. A Hindu man can dispose of his self-acquired property as he wishes, during his life or by Will, and he can leave it to a son, a daughter, a charity or anyone else. A daughter who is excluded by a valid Will cannot ordinarily claim a share merely because she is a daughter. If he dies without a Will, his self-acquired property passes under Section 8 of the Hindu Succession Act to his Class I heirs, who include his widow, sons and daughters in equal shares, as we explain in our guide on what happens to property if someone dies without a Will in Tamil Nadu.

Can Property Be Left by Will to Defeat a Daughter's Share?

Only to a limited extent. A coparcener, whether a son or a daughter, can by Will dispose of only their own share in the coparcenary property, not the whole of the joint family property. So a father cannot by Will give the entire ancestral estate to one child and exclude the daughter from her share. A Will that is invalid, forged or made under pressure can also be challenged, as we explain in our guide on challenging a Will.

Does It Matter If the Daughter Is Married?

Not for her coparcenary rights. After Vineeta Sharma, marriage does not take away her right by birth. If she dies, her share passes to her own heirs, and in some cases back to her father's heirs if she has none, under the rules in Section 15.

What About Other Religions?

The rules above are for Hindus, including Buddhists, Jains and Sikhs under the Hindu Succession Act. Muslims and Christians are governed by their own laws of succession, which are different, so a family from another community must look at the applicable law.

What Should a Daughter Do to Claim Her Share?

The usual steps are:

• Establish what property exists and whether it is ancestral or self-acquired
• Collect title documents, family tree, revenue records and any earlier partition deeds
• Send a notice asking for partition and a share
• If the family does not agree, file a partition suit in the civil court
• Ask for interim orders to stop sale or encroachment while the suit is pending

Time limits and the question of whether an earlier partition took place can decide the case, so the documents should be reviewed early. A daughter must also watch for sale of the property by other members during the dispute, which an injunction can prevent, as our guide to injunction suits explains.

Our Civil & Property Law practice advises daughters and families on ancestral property and partition, and you can request a consultation.