A Daughter's Right as a Coparcener Under Hindu Succession Law: Frequently Asked Questions

Here is a general overview of common questions on a daughter's right as a coparcener under hindu succession law under Indian law.

Before the frequently asked questions

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.

Frequently asked questions

Does a daughter have an equal share in her father's ancestral property?

Yes, as a coparcener by birth, with the same rights as a son, following Vineeta Sharma v Rakesh Sharma (11 Aug 2020). This applies regardless of whether the father was alive when the 2005 amendment came into force.

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

If this touches a situation you are dealing with, you are welcome to discuss it in a consultation.

This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.