Daughter’s Rights In Father’s Property In India: A Complete Legal Guide

Several studies and articles in India compare women’s property rights across Hindu, Muslim, and Christian communities. A notable IJCRT article explains that the Hindu Succession (Amendment) Act, 2005, gave daughters equal rights in ancestral and self-acquired property, regardless of marital status. Muslim women still have limited and unequal rights, while Christian women generally have gender-neutral rights under the Indian Succession Act, 1925, though enforcement varies. Overall, legal reforms have improved property rights for women in some communities, but significant gaps remain in others.

In this Article, you will get to learn about:

• Legal Background of Daughter's Right in Property
• Daughter’s Rights In Father’s Property Under Hindu Law
• Origins of a Daughter’s Property Rights in India
• Hindu Law: Daughter’s Legal Rights to Her Father’s Property
• Muslim Law: A Daughter’s Share Under Islamic Inheritance Rules
• Understanding Rights Based on Property Type
• Married Daughters and Property Claims in Hindu Law
• When a Daughter Cannot Claim Her Father’s Property
• Step-by-Step: How a Daughter Can Claim Her Share

Legal Background of Daughter's Right in Property

In India, the rules about daughters’ rights in property come mainly from the Hindu Succession Act, 1956. Before 2005, daughters did not have the same property rights as sons in ancestral property. This meant that, after marriage, daughters often lost their claim to their father’s property. In 2005, an important change called the Hindu Succession (Amendment) Act, 2005 gave daughters equal rights as sons. Now, daughters are treated as coparceners in the Hindu Undivided Family (HUF),

which means they can:

• Ask for a partition of the ancestral property
• Have an equal share in the property by birth
• Become a Karta (manager) of the family property if they are the eldest

This amendment ensures that a daughter, whether married or unmarried, has the same legal rights in her father’s property as her brother. The Supreme Court has also confirmed this right in several landmark judgments, making sure daughters are given full and equal rights in ancestral property.

Daughter’s Rights In Father’s Property Under Hindu Law

Under Hindu law, daughters now share the same birthright to family property as sons and can legally claim their equal share at any time.

Learn more about Daughter’s rights in ancestral property and Rights of children on their father’s property to understand the complete scope of family property inheritance laws.

Hindu Succession Act, 1956 – Initial Position

Before 2005, daughters were not coparceners- meaning they had no automatic birthright to ancestral family property. Only sons shared that right. Daughters could inherit as Class I heirs (like mothers or wives) only if the father died without a will, and even then, their share was not equal to that of sons.
Case law: There was no significant supportive case under the 1956 law, because daughters simply had no legal birthrights in such property.
Example: If Mr. Kapoor died in 1990, leaving behind two sons and a daughter, only the sons would automatically share in the ancestral house. The daughter would be eligible for some inheritance only as a Class I heir, but still not an equal share.

Daughters were not considered coparceners initially

At that time, under the original Hindu Succession Act, daughters did not get the same rights in ancestral property as sons. They were not treated as “coparceners,” which means they didn’t automatically get a share in the joint family property by birth. Only sons were coparceners, so only they had the right to ask for partition and manage the family property.

So, in short, when the Hindu Succession Act was first passed in 1956, daughters had limited inheritance rights and could not claim an equal share in ancestral property like sons could.

Hindu Succession (Amendment) Act, 2005

The Hindu Succession (Amendment) Act, 2005 was passed to correct the historical inequality faced by daughters under Hindu law. Before this amendment, only sons were considered coparceners (Joint heirs) in ancestral property under the Mitakshara school of Hindu law. This meant daughters could inherit from their father’s self-acquired property as legal heirs, but they did not have an equal birthright in the joint family or ancestral property.

The 2005 amendment made a major change: it declared daughters to be coparceners by birth, exactly like sons.

This gave them:

• An equal share in ancestral property
• The same rights to demand the partition of the joint family property
• The right to become a karta (manager) of the joint family if they are the eldest coparcener
• Equal liabilities: daughters must also share family debts and responsibilities like sons

The amendment also removed certain provisions (like Section 23) that previously restricted daughters from seeking partition of the family dwelling house. As a result, daughters now have full, independent, and equal rights in their father’s ancestral property, regardless of whether the father is alive, provided the property wasn’t partitioned before 20th December 2004.

In simple words, we can say that the Hindu Succession (Amendment) Act, 2005 made daughters and sons equal in law when it comes to inheriting their father’s property - a historic step towards gender equality in family property rights under Hindu law.

This strengthened gender equality in Hindu inheritance law

Case law: In Danamma @ Suman Surpur v. Amar Singh (2018), the Supreme Court held that even daughters whose fathers died before 2005 have full coparcenary rights. The law applies retroactively to all daughters living on September 9, 2005.
Example: Anita, born in 1990, lost her father in 2000 and did not inherit at the time. But today, in light of the Danamma decision, she can still demand her share of the ancestral home, just like her brothers.

Note: Daughters had little or no inheritance rights in family property. But after 2005, and confirmed by legal precedent, they now share inheritance equally with sons and can assert those rights even years later.

Daughters Declared Equal Coparceners

Under the Hindu Succession (Amendment) Act of 2005, daughters are legally treated the same as sons when it comes to ancestral or joint Hindu family property. This means they have a birthright to the property, just like boys do.

• What it means: From the moment a daughter is born, she automatically becomes a coparcener, a rightful owner in family property.
• Why it matters: This law removes gender-based discrimination and recognizes daughters as equal heirs in ancestral wealth.
• Case law: In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court confirmed that daughters are coparceners from birth, regardless of whether their father was alive on 9 September 2005.

Example: Rina was born in 1995 to a joint family. Even if the family property wasn’t legally divided, under the 2005 amendment, Rina is a coparcener from birth, just like her brother.

Right to Demand Partition & Inherit Equally

As coparceners, daughters now have the legal right to ask for a partition of family property and receive a share equal to their brothers.

• Demand Partition: Daughters can request the division of family property at any time—they don’t need special permission.
• Equal Inheritance: They inherit just as much as a son would.
• Case law: In Danamma @ Suman Surpur v. Amar Singh (2018), the Supreme Court asserted that daughters born before 2005 have this same right, applied even if their father had already passed away.

Example: Anita’s father died in 2000. Despite his early death, Anita successfully claimed half of her father’s ancestral property in 2019 through partition, rightfully earning a share equal to her brothers.

Daughter’s Rights In Father’s Property Under Muslim Law

Under Muslim law (as applied in India by the Muslim Personal Law (Shariat) Application Act, 1937), inheritance is governed by fixed Quranic shares—called Faraid—not by birthright. Daughters receive a guaranteed share, though generally half that of sons, but they have full control over their inheritance.

Daughters Receive Half the Son's Share

Under Islamic inheritance law (Faraid), daughters are entitled to half the share of sons, following the Quranic rule: “For the male, what is equal to the share of two females.”

• Example: If a father’s estate is ₹3 lakh and he leaves one son and one daughter:
   
• • Son gets ₹2 lakh
  • Daughter gets ₹1 lakh
    This allocation reflects individual, per-head distribution among heirs visible in courts, such as in Rahisuddin vs Fatima & Others (2020), where shares were apportioned according to Quranic rules.

Guaranteed Share & Full Control

Daughters are guaranteed a specific share, even if there are no sons, and enjoy complete ownership, meaning they can sell, gift, or use their share without needing family approval. This was confirmed in Ghulam Ahmad Bhat vs State of J&K Through Chief Secretary (2024), where the court emphasized that Islamic inheritance law “commands inheritance of a daughter in the property left behind by her father.”

Inheritance Where There Are Only Daughters

If a father leaves behind only daughters and no sons, they together receive a two-thirds share of the estate (as per Quran Surah An‑Nisa 4:11), with other heirs potentially sharing the remaining third. This allocation is supported by cases such as Pathan Haleembi vs The State of Andhra Pradesh (2024), which affirmed Quranic distribution principles.

Heirs Like Spouse & Mother Also Get Fixed Shares

Along with children, other heirs have defined shares:

• Wife: 1/8 if there are children; otherwise 1/4
• Mother: 1/6 if children are alive; otherwise, more
  These shares are deducted before the estate is distributed among sons and daughters.

Use of Wills (Wasiyat) & Gifts (Hiba)

Islamic law allows Muslims to make a will (wasiyat) covering up to one-third of their property and make gifts (hiba) during their lifetime. These tools help families adjust shares more fairly or provide for special circumstances, such as daughters receiving more through gifts.

Note: Muslim daughters are not ignored; they receive a fixed inheritance share under Faraid law. While this is half of what sons get, they have the freedom to fully control and manage that property, and families can use wills or gifts to ensure fairness where needed.

Why This Matters?

Note: Muslim daughters are legally entitled to inheritance under Quran-based rules. Though sons get twice the share, daughters have clearly defined, attack-proof shares and total control over what they inherit. The law also provides flexibility, allowing parents to supplement their daughters' inheritance using wills or gifts.

Also Read : Property Division Under Muslim Law

Daughter’s Rights In Different Types Of Property

Under Hindu law, a daughter’s rights depend on whether the property is ancestral (passed down through generations) or self-acquired (acquired by the father himself). Supreme Court rulings have clarified and affirmed these rights, ensuring daughters are treated fairly and equally, whether by birth or by legal inheritance.

Right in the Ancestral Property

What does it mean?
Ancestral or coparcenary property is jointly held by family members, and after the 2005 Amendment, daughters are recognized as full co-owners from birth. They can demand partition, must approve major decisions like sale, and share liabilities equally with their sons.

Legal Authority – Vineeta Sharma v. Rakesh Sharma (2020):

• The Supreme Court ruled that daughters are equal coparceners from birth, even if their fathers died before the 2005 law took effect.
• This decision overturns earlier limitations and confirms that even ancestral property inherited generations ago is now equally divisible.

Example: Neha’s grandfather owned ancestral land. Her father died in 2003. Today, thanks to Vineeta Sharma, Neha can legally demand her share and participate in decisions, even though her father passed away before 2005.

Right in Self-Acquired Property

What does it mean?
When a father acquires property on his own (by purchase or earnings), it is self-acquired. If he dies without a will (intestate), daughters inherit equally with sons, but via the legal succession path, not automatically by birt h.

Legal Authority – Arunachala Gounder (Dead) by LRs vs. Ponnusamy (2022):

• The Supreme Court confirmed that daughters inherit self-acquired property under the intestate succession rules, even if the father died before 1956.
• It rejected the idea that such property goes only to male heirs through survivorship in a joint family.

Example:
Radha’s father bought a house in 1940 and died intestate in 1949. Under this ruling, Radha, his sole daughter, inherited the property fully, despite no formal law being in place at the time.

Rights Of A Married Daughter In Her Father’s Property Under Hindu Law

The marriage of a daughter has no relevance for inheriting property. As a daughter, she enjoys the same coparcenary rights as a son. Moreover, she is also a class I heir. So, relevant sections of the Hindu Succession Act will be applicable in this case.

A widow is a class I heir under the Hindu Succession Act. If a male Hindu dies without leaving a will, property succession is governed by relevant provisions such as Sections 8, 9, and 10. Rule 1 under Section 10 says that if a Hindu male dies without a will, then the widow, or widows if there’s more than one, shall take one share. Apart from this, all the rights which accrue to a daughter are also available to a married woman.

Marriage does not affect her Inheritance or Coparcenary Status

Under the amended Hindu Succession Act of 2005, once a daughter becomes a coparcener by birth, this right is not lost upon marriage. The Andhra Pradesh High Court affirmed this in Ch. Damayanthi v. APSRTC (26 Feb 2021), declaring that treating married daughters as ineligible for family benefits is arbitrary and discriminatory. The court emphasized, "A child remains a child to parent, whatever be their gender" - highlighting that marital status neither severs inheritance rights nor alters her legal identity within the family.

Equal Share in Ancestral Property, Regardless of Marriage

Marriage does not diminish a daughter’s entitlement to ancestral property. Under Section 6, as reinforced by Vineeta Sharma v. Rakesh Sharma (2020), daughters retain full coparcenary rights from birth, even if their father passed away before the 2005 Amendment took effect. These rights include the power to demand partition, inherit equally, participate in decisions, and continue fully after marriage.

Example: Meena, married since 2005, can assert her equal share in her ancestral family home and participate in decisions about it, just as her brothers can.

You can also explore Rights in mother’s parental property to understand property claims through maternal lineage.

Right to Reside in Her Parental Home Even After Marriage

Post-marriage, a daughter has the firm legal right to live in her parental ancestral home. This living right was also recognized in Ch. Damayanthi clarified that marriage does not exclude a daughter from her birth family’s home. Courts observed that any attempt to remove a married daughter from the home violates her rights under law and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Example: After marriage, Sita continues to have lawful access and residence rights in her father’s inherited home, regardless of where she lives with her husband.

When A Daughter Cannot Claim Her Father’s Property?

1. If her father died before June 17, 1956
   Before the Hindu Succession Act came into effect on that date, daughters had no rights to inherit from their father if a widow was still alive. The Bombay High Court reaffirmed this in Radhabai Shirke v. Keshav Jadhav, ruling that daughters could not claim any share when their father passed away before 1956 and his wife survived.
2. If she is legally disqualified (e.g., for murdering her father)
   The law says that anyone who murders or helps murder their ancestor is completely banned from inheriting. This rule ensures that a daughter in such a case cannot claim any property from her father.
3. If someone else has legally taken the property through long-term possession
   Even a rightful heir can lose property if another person has occupied and maintained it for years in public view, and a court grants ownership under the law of adverse possession.

Claiming A Daughter’s Share: Procedure And Practical Steps

This section shows, step by step, how a daughter can legally claim her share of her father's property after he passes away. It covers important actions like getting a death certificate, establishing heirship, understanding what belongs to the father, dividing property with family, and- if needed- seeking help in court. Each step makes sure her rights are respected and handled properly.

1. No Rights While Father is Alive

A daughter doesn’t automatically own any part of her father’s property, be it ancestral or self-earned, while he’s still alive. Her inheritance rights begin only after his death

2. Get the Death Certificate

The first crucial document is your father's death certificate. This officially confirms his passing and acts as a foundational paper for anything related to inheritance, banks, government offices, and everything that requires it.

3. Obtain a Legal Heir Certificate

Next, you must apply for a legal heir certificate at your local tehsildar or municipality office. This certificate lists everyone legally entitled to inherit, like you and your siblings, and lets you do things like transfer bank accounts or file inheritance claims.

4. Identify All Assets and Shares

Make a complete list of your father's assets: land, house, bank accounts, investments, etc. Under the 2005 Hindu Succession law, daughters get the same share as sons in ancestral property. For self-acquired property, daughters share equally with sons if there's no will, following intestate rules.

5. Negotiate & Draft a Partition Deed

If the family's on good terms, it's best to sit together and agree on dividing property. They can draw up a partition deed, stating each person’s share, and register it at the local Sub-Registrar. This is the easiest and least confrontational way forward.

6. File a Partition Suit if Needed

If there's disagreement, the daughter can file a partition suit in civil court. A legal notice is issued first; if there’s no resolution, the court will divide the property fairly based on laws, often with help from a court-appointed commissioner.

7. Update Records with Mutation

Once the property is divided, add the daughter’s name to the land and municipal records through a process called mutation. This officially recognizes her ownership and ensures she can pay taxes and use the property without dispute.

8. Settle Taxes and Fees

Transferring ownership means paying government stamp duty and registration fees—these vary by state and property. Any unpaid taxes also need to be cleared to make the transfer valid.

9. Hire Legal Help if Needed

Inheritance law can be complicated- or emotional. If there are disagreements or complex documents, working with a property lawyer or advocate is a smart move. They can draft deed documents, file petitions, and guide you through legal rules smoothly.

Recent Supreme Court Judgments Supporting Daughters’ Property Rights

Recent Supreme Court rulings have firmly recognized daughters as equal heirs under Hindu property law. These judgments clarify and reinforce daughters' rights to ancestral and self-acquired property, ensuring that gender does not determine inheritance eligibility.

Danamma @ Suman Surpur v. Amar Singh (Supreme Court, 1 Feb 2018)

Facts
Danamma and her sister were born before the 2005 amendment. Their father died in 2001. They filed for a share in ancestral property, but lower courts rejected their claim, saying daughters born before the Amendment were not coparceners.

Judgment
The Supreme Court ruled that any daughter living on 9 September 2005 becomes a coparcener from birth, regardless of her birth date or when her father died. This means she has equal inheritance rights alongside her sons in ancestral property.

Vineeta Sharma v. Rakesh Sharma (Supreme Court, 11 Aug 2020)

Facts
Vineeta’s father passed away in 1999. She claimed her share in family property, but opponents argued her father died before the 2005 amendment, so she didn’t qualify as a coparcener.

Judgment
The Court confirmed that all living daughters, regardless of birth date or whether their father was alive on 9 Sept 2005, are automatically coparceners by birth. The 2005 Amendment applies retroactively. It also emphasized that any oral property division after 2004 must be backed by written proof.

Conclusion

This legal guide shows how the Hindu Succession (Amendment) Act, 2005 - backed by Supreme Court rulings like Danamma and Vineeta Sharma has firmly guaranteed that daughters inherit equally in ancestral property from birth. While Hindu daughters now enjoy coparcenary rights, daughters from other communities (Muslim, Christian) have more restricted entitlement under respective succession laws, though reforms continue to narrow these gaps. By understanding these rights and legal procedures, daughters can confidently assert their claims, challenge unfair partitions, and ensure their inheritance is legally secured.

For more related guidance, read our Property rights of children after their parents’ divorce to see how separation impacts inheritance.