Daughter can claim her share in ancestral property even before Amendment Act 2005

Last updated: 28 November 2022

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Quick Summary

The Supreme Court has ruled that daughters are coparceners in ancestral property by birth, just like sons. This means they have an inherent right to a share, which is not dependent on their father being alive when the Hindu Succession (Amendment) Act 2005 came into effect. The court clarified that coparcenary rights are established at birth and are not conferred by the amendment, ensuring gender equality in inheritance.

Court :
Supreme Court of India

Brief :
This is a landmark judgement of the Apex Court and the amendment in Hindu Succession Act,2005 ,which has changed family landscape of India. Earlier daughters have no right in the ancestral property of father and they are also no considered as coparcener in the family of father. The Apex Court held that Coparcenary rights, as rights of birth, cannot be ‘conferred' at a point in time, this means that a daughter can claim her share in ancestral property even before amendment act,2005. The death of her father does not matter in this case.

Citation :
The Hindu Succession Act, 1956

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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