Ancestral property

Hello,

Daughters have equal rights in the ancestral or parents property as much as son. You initiate the legal action for getting share in the property. 

Before the amendment to Hindu Succession Act of 1956, women did not enjoy a right on their ancestral property after their marriage as they were not considered as coparceners but after the amendment in the Act in 2005, women were considered as coparceners. Both, sons and daughters, are coparceners in the family and share equal rights and liabilities over the property and a daughter can remain as a coparcener in their ancestral property even after her marriage.

The Supreme Court passed a landmark judgment in 2020 in the case of Vineeta Sharma v Rakesh Sharma, the Court held that daughters and sons have equal coparcenary rights in a Hindu undivided family (HUF). In its decision, the Supreme Court clarified two points:

• coparcenary rights are acquired by daughters on their birth; and
• fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.