A Daughter's Right as a Coparcener Under Hindu Succession Law

This page sets out, in general terms, how a daughter's right as a coparcener under hindu succession law works under Indian law.

How Vineeta Sharma v Rakesh Sharma settled a daughter's equal right in ancestral Hindu joint family property.

The legal position

In Vineeta Sharma v Rakesh Sharma (11 Aug 2020), the Supreme Court held that a daughter is a coparcener by birth, with the same rights as a son, whether or not her father was alive on 9 Sep 2005, when the Hindu Succession (Amendment) Act 2005 came into force.

This remains the settled position as of this research.

Typically, a coparcener's right by birth means a daughter can seek partition of ancestral Hindu joint family property in the same way a son could, and is entitled to an equal share on any such partition.

Typically, this coparcenary right is distinct from a woman's rights over her own separate (self-acquired) property, or over property she inherits outright under general succession rules — those are governed by other provisions of the Hindu Succession Act.

Documents generally involved

• Family tree or genealogy showing the relationship to the common ancestor
• Any existing partition deed or family settlement
• Revenue or property records showing the ancestral property

Common pitfalls

A handful of issues come up repeatedly in practice.

• Assuming a daughter's coparcenary right depends on her father having been alive after 2005 — Vineeta Sharma confirmed it does not.
• Treating this ruling as applicable to all communities — it applies to Hindu Undivided Family coparcenary property specifically, and succession rules differ for other personal laws.
• Confusing ancestral coparcenary property with a father's self-acquired property, over which he generally has freedom to will his share as he chooses.

For related reading, see Probate Is No Longer Mandatory in Mumbai, Kolkata, and Chennai and Dying With and Without a Will: How Succession Differs.

If you are weighing a decision on this, a short consultation can help map out the options.

The content above explains how the law generally works; it is not legal advice and should not be treated as a substitute for advice on your particular facts.