Know about Daughter’s Rights in Ancestral Property

Know about Daughter’s Rights in Ancestral Property

Soumya Shekhar
Soumya Shekhar
05 min read 10678 Views
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Last Updated: Nov 3, 2024

In India, daughters were not coparceners. Hence, daughters did not have rights in ancestral property. A daughter is a member of the family but not a coparcener. Till the time the daughter was not married, she was to be looked after by her parents. After marriage, she went to her husband’s house and was no longer even a member of her birth family. Many feared that the husband or the husband’s family would claim the property, and hence, daughters were not given a right to the ancestral property. After 2005, this position changed. The Supreme Court gave daughters equal rights in ancestral property.

Daughter’s Rights and Share in Ancestral Property

Before 2005, only a son was a coparcener. A coparcener is an heir who acquires interest in the property by birth. A daughter was a member of the family but not a coparcener. A coparcener is someone who can enforce the partition of the property. 

In 2005, amendments were made to the Hindu Succession Act. These amendments made a daughter a coparcener and hence gave her an equal share in the ancestral property.

A daughter can now have two kinds of rights in the ancestral property: 

1. Coparcenary rights: 

Before 2005, daughters were not coparceners in the Ancestral Property of their Hindu Joint Family. Hence, they had no coparcenary rights over Ancestral Property. Post-2005, after the enactment of the Hindu Succession (Amendment) Act, 2005, daughters are now considered coparceners in the Ancestral Property of their Hindu Joint Family. Hence, daughters now have coparcenary rights over Ancestral Property. 

By definition, the eldest three generations of sons, and daughters, of the same Hindu Joint Family are now the coparceners of the Ancestral Property of that family. Hence, as a daughter, you will be a coparcener in the Ancestral Property if the oldest coparcener in the family is your grandfather, grandmother, father, or mother. Your father himself will be another coparcener, and so will his brother[s] and sister[s]. Your brother would also be a coparcener. There may also be other coparceners, depending on how many of your ancestors and descendants are alive. 

As a coparcener, you have certain rights to control the Ancestral Property. These are known as co-coparcenary rights. Two important co-coparcenary rights are: 

  1. Ancestral property cannot be disposed of without the consent of all the coparceners. Your consent will be necessary to dispose of the Ancestral Property. 

  2. As a coparcener, you have the right to unilaterally call for a partition of the Ancestral Property. No other coparcener can deny you of this right. 

Though the Supreme Court had made daughters coparceners, there was still some confusion regarding whether a daughter whose father died before 2005 would inherit ancestral property. Supreme Court clarified by holding that even if the father has died before 2005, the daughter will still have coparcenary rights over the ancestral property.

People Also Read This: Know About Inheritance Rights in India

2. Inheritance Rights:

Even before 2005, daughters had the right to inherit a share of the Ancestral Property of their Hindu Joint Family. Although daughters were not coparceners, they nevertheless had inheritance rights in the Ancestral Property. After enacting the Hindu Succession (Amendment) Act, 2005, daughters retain the same inheritance rights in the Ancestral Property. 

Similarly, your mother, as the daughter of your maternal grandparents, will be entitled to inherit a share of your maternal grandparents’ Ancestral Property. This will be considered Ancestral Property in the hands of your mother. A daughter can inherit her mother’s property after the mother’s demise.

Married Daughter’s Rights in Ancestral Property

Before marriage, a daughter is a member of the family, as well as a coparcener. After marriage, a daughter stops being a member of the family. She is only a coparcener. She can demand the partition of the family property as well as become the Karta of the family. After she passes on, her share in ancestral property moves on to her children. A married daughter has an equal share in the ancestral property, but she cannot gift her share in the ancestral property while alive. She can only bequeath her property by way of a will. The 2005 Supreme Court decision has made all daughters coparceners irrespective of their marital status.

People Also Read This: Inheritance Rights of Grandchildren in India

Daughter-in-Law’s Rights in Ancestral Property

Those who read this Article also Consulted a Lawyer about Property Rights for Daughter. 

Courts have not reached a consensus when it comes to daughter-in-law’s rights in ancestral property.  But the general judicial opinion is that daughter-in-law does not have a right to their husband’s ancestral property on their own. They only have a right to their husband’s ancestral property through their husbands. Hence, the daughter-in-law would inherit her husband’s share of the ancestral property.  If the property is self-acquired by her in-laws, then a daughter-in-law has no right to such property. A daughter-in-law only has a right of residence in the self-acquired property.

Frequently asked questions

In What Situations Are Daughters Not Eligible for Property?

Under the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, daughters have equal rights as sons in ancestral property. However, there are some situations where a daughter may not be eligible to claim property:

  1. If the Property is Self-Acquired and There is a Will: If the father has self-acquired property and has left a will explicitly excluding the daughter, she may not be eligible to claim that property.
  2. Property Transferred Before 2005: If the property was legally transferred before the 2005 amendment, the daughter might not have rights to it, as the amendment is not retrospective.
  3. Renunciation of Rights: If the daughter has legally renounced her rights to the property through a formal agreement or settlement.
  4. Muslim Law: Under Islamic law, daughters have a right to inherit property, but the rules are different and might result in lesser shares compared to sons.

Can a Daughter Claim on Ancestral Property if Her Father is Alive?

Yes, a daughter can claim her share in ancestral property even if her father is alive. The Hindu Succession (Amendment) Act, 2005, grants daughters equal rights as sons in ancestral property by birth. This means that a daughter has a coparcenary right to the ancestral property and can claim her share irrespective of whether her father is alive or deceased.

 

What is the Time Limit to Claim Ancestral Property by Daughter in India?

There is no specific statutory time limit prescribed for a daughter to claim her share in ancestral property as her right to such property is by birth. However, if the property has already been partitioned or transferred, it is advisable to act promptly to avoid complications. In general, for any legal action regarding property disputes, it is recommended to file claims as soon as possible to prevent legal issues related to delays.

 

Can a Married Daughter Claim on Ancestral Property?

Yes, a married daughter can claim her share in ancestral property. The Hindu Succession (Amendment) Act, 2005, ensures that daughters, whether married or unmarried, have equal rights to ancestral property as sons. Marital status does not affect her right to claim her share of the ancestral property.

In summary:

  • Daughters, whether married or unmarried, have equal rights to ancestral property.
  • A daughter can claim her share in ancestral property even if her father is alive.
  • There is no specific time limit to claim ancestral property, but acting promptly is advisable.
  • Situations where a daughter may not be eligible include property transferred before 2005, self-acquired property with a will excluding her, or if she has renounced her rights.

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Frequently asked questions

In What Situations Are Daughters Not Eligible for Property?

Under the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, daughters have equal rights as sons in ancestral property. However, there are some situations where a daughter may not be eligible to claim property:

  1. If the Property is Self-Acquired and There is a Will: If the father has self-acquired property and has left a will explicitly excluding the daughter, she may not be eligible to claim that property.
  2. Property Transferred Before 2005: If the property was legally transferred before the 2005 amendment, the daughter might not have rights to it, as the amendment is not retrospective.
  3. Renunciation of Rights: If the daughter has legally renounced her rights to the property through a formal agreement or settlement.
  4. Muslim Law: Under Islamic law, daughters have a right to inherit property, but the rules are different and might result in lesser shares compared to sons.

Can a Daughter Claim on Ancestral Property if Her Father is Alive?

Yes, a daughter can claim her share in ancestral property even if her father is alive. The Hindu Succession (Amendment) Act, 2005, grants daughters equal rights as sons in ancestral property by birth. This means that a daughter has a coparcenary right to the ancestral property and can claim her share irrespective of whether her father is alive or deceased.

 

What is the Time Limit to Claim Ancestral Property by Daughter in India?

There is no specific statutory time limit prescribed for a daughter to claim her share in ancestral property as her right to such property is by birth. However, if the property has already been partitioned or transferred, it is advisable to act promptly to avoid complications. In general, for any legal action regarding property disputes, it is recommended to file claims as soon as possible to prevent legal issues related to delays.

 

Can a Married Daughter Claim on Ancestral Property?

Yes, a married daughter can claim her share in ancestral property. The Hindu Succession (Amendment) Act, 2005, ensures that daughters, whether married or unmarried, have equal rights to ancestral property as sons. Marital status does not affect her right to claim her share of the ancestral property.

In summary:

  • Daughters, whether married or unmarried, have equal rights to ancestral property.
  • A daughter can claim her share in ancestral property even if her father is alive.
  • There is no specific time limit to claim ancestral property, but acting promptly is advisable.
  • Situations where a daughter may not be eligible include property transferred before 2005, self-acquired property with a will excluding her, or if she has renounced her rights.

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart