What follows is a fictional, illustrative scenario intended only to demonstrate how the general rules above apply to a typical set of facts. It does not describe a real person, client, or case.
The illustrative scenario
Someone is trying to understand a daughter's right as a coparcener under hindu succession law. How Vineeta Sharma v Rakesh Sharma settled a daughter's equal right in ancestral Hindu joint family property.
The question
A reader in this situation might ask:
Does a daughter have an equal share in her father's ancestral property?
How the general rule applies
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.
Generally speaking, 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.
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.
What often gets missed in situations like this
- 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.
As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.
For the general rules, see A Daughter's Right as a Coparcener Under Hindu Succession Law, Probate Is No Longer Mandatory in Mumbai, Kolkata, and Chennai, and Dying With and Without a Will: How Succession Differs.
Where this applies to a live matter, it is usually worth discussing it in a consultation before acting.
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.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.