Daughters Now Have Equal Right to Father’s Property — But These Legal Exceptions Still Apply

Equal Inheritance for Daughters: What the Law Says, and When They May Not Be Entitled to a Share

In a progressive step toward gender equality, the Hindu Succession (Amendment) Act, 2005 granted equal inheritance rights to daughters in their father’s property. Since then, daughters—married or unmarried—have the same legal rights as sons in both self-acquired and ancestral property.

However, despite this legal clarity, there remains considerable confusion and hesitation among women in exercising these rights, especially due to traditional societal norms. Here's what the law says and the specific conditions under which daughters may not be able to claim a share in their father’s property.

The 2005 Amendment: A Game-Changer for Women's Inheritance Rights

Before 2005, daughters had no automatic claim to their father’s ancestral property. The Hindu Succession Act, which governs inheritance among Hindus, was heavily tilted in favor of sons. Recognizing the need to reflect evolving social and economic dynamics, the government amended this act in 2005, granting equal coparcenary rights to daughters.

This means that a daughter, irrespective of her marital status, is now a coparcener by birth, just like a son. She has an equal right in her father's self-earned property as well as in ancestral assets, and she can demand partition or ownership just as a male heir can.

Equal Rights in Ancestral and Self-Acquired Property

The amendment clearly states that daughters have equal rights in ancestral property. This includes property inherited by the father from his ancestors, and also property the father has acquired himself during his lifetime.

This legal right allows daughters to:

• Claim a share in inherited property

• Seek partition of ancestral property

• Challenge exclusion if their names are omitted from property division

Prior to 2005, married daughters often had little to no say in ancestral property. That legal barrier has now been abolished.

When a Daughter Cannot Claim a Share

Despite these rights, there are certain conditions under which a daughter may not be entitled to a share in her father’s property:

1. If a Legally Valid Will Exists

If the father has executed a registered will before his death, distributing his self-acquired property according to his wishes, the daughter cannot challenge the will—unless it is proven to be fraudulent or legally invalid. For example, if the will specifies that the entire property is to go to the sons, and it is legally sound, the daughter cannot claim inheritance.

2. Will Not Applicable on Ancestral Property

It’s important to note that ancestral property cannot be willed away. Even if a father writes in his will that only sons should inherit ancestral property, the daughter retains her legal claim to it. A will cannot override the coparcenary rights granted under the 2005 amendment.

Social Stigma and Legal Awareness

While the law is on their side, many daughters still hesitate to claim their rightful share due to social stigma, family pressure, or fear of disputes. This has led to many women being deprived of their legal inheritance, despite having full rights.

Legal experts advise that daughters should be fully aware of their rights and seek legal recourse if they are denied a share in property unjustly. Awareness campaigns and legal literacy are crucial to ensure that more women come forward to claim what is rightfully theirs.

Conclusion

The 2005 amendment to the Hindu Succession Act has laid the foundation for gender equality in property rights. Daughters now have an equal share in both ancestral and self-acquired property of their fathers. However, the presence of a valid will and the nature of the property (ancestral vs. self-acquired) play key roles in how these rights are enforced.

While the legal framework is empowering, greater awareness and action are needed to ensure that daughters across India can exercise their rights without fear or resistance.