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What rights do daughters have in ancestral property after the Hindu Succession (Amendment) Act, 2005?

Posted by jobseeker Lavanya Bhardwaj | Approved
Answers (8)

After the Hindu Succession (Amendment) Act, 2005, daughters have equal rights as sons in ancestral property. This means they are considered coparceners by birth, just like sons, and have the same rights to claim a share in the joint Hindu family property.

Answered by jobseeker Garima Rajput | Approved

After the Hindu Succession (Amendment) Act, 2005, daughters have equal rights in ancestral property as sons. They are recognized as coparceners in the Hindu Undivided Family (HUF), meaning they have the same rights and liabilities as sons, including the right to inherit, demand partition, and manage ancestral property. This applies regardless of whether the daughter is married or unmarried, and her birth in the family is sufficient to establish her rights. The amendment ensures gender equality in property inheritance among Hindus, Buddhists, Jains, and Sikhs.

Answered by jobseeker kashvi | Approved

Hindu succession (Amendment) act, 2005 gives the same right to the daughters. This amendment act is considered as the sign of equality among the males and females of hindu because the act consider the daughters as a coparceners and the the member of HUF( Hindu undivided family). It gives the same liability to the female hindu irrespective of the married or unmarried woman. After this amendment a Hindu women can be a karta of a HUF which empower her for managing and alienating the property.

Answered by jobseeker RUDRAPRATAP SINGH | Approved

In the Act of 1956 the the daughter have no right on the ancestral property.
They only get the property by will, gift etc, or in the seperate property of father. After The Hindu Succession (Amendment)Act 2005. Daughter get the same right as she born as son i.e She became the coparcener. The Act gave him equal right in the ancestral property and also there is no any difference between the married and unmarried girl.The girl become the absolute owner of the property she get through any way.

Answered by jobseeker Pawan Pandey | Approved

After the Hindu Succession (Amendment) Act, 2005, daughters gained equal coparcenary rights in ancestral property—meaning they stand on equal footing with sons in inheriting, managing, and disposing of family property.

Rights Granted to Daughters after HSA,2005 amendment : (According to section 6,HSA) :

1. Coparcener by birth:
A daughter becomes a coparcener (joint heir) by birth, exactly like a son, in families governed by Mitakshara law .
2. Equal ownership rights:
She holds the same rights and liabilities in ancestral property as a son: she can ask for partition, make legal decisions, and is accountable for debts or obligations.
3. Disposal rights:
A daughter can dispose of her share freely, including by will, similar to a son .
4. If the daughter born before 2005?
In Vineeta Sharma v. Rakesh Sharma ,SC clarified that daughters born before 2005 (even if their father died earlier) are still entitled to equal rights—no age or timing limit. It’s a retroactive effect .
5. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not.

6. Partition rules:
Upon partition, the property is notionally divided equally among coparceners.
If a son or daughter is predeceased, their children (grandchildren) step into their place and inherit their share.
7. Pre-2004 partitions :
Any registered partition or court-ordered division before 20 December 2004 is not disturbed by the amendment.

Answered by jobseeker JYOTI MEENA | Approved

As per Hindu Succession (Amendment) Act 2005, daughters have equal right in ancestral property as sons .They are recognized as coparceners in the Hindu Undivided Family(HUF) which means that they have same rights and liabilities as sons, including the right to inherit, demand partition ,and manage ancestral property. Later on the judgement Vineta Sharma vs Rakesh Sharma ,the court ruled that the amendment granting equal coparcenary right to daughters is retrospective, meaning it applies from the date of birth of the father and not from the date of amendment.

Answered by jobseeker shivani kumari | Approved

After the hindu succession amendment act,2005 daughter gets equal right to inherit her ancestral property as sons can get. Daughters get the right to be the coparcener of the hindu undivided family. She gets all the rights and liabilities as the son gets in inheritance. She also gets the right to inherit the agricultural land. Even after her marriage, she gets the right to be the coparcener and inherit the property. As it is given under hindu law, it is only applicable on hindu, buddhist, jains and sikhs. This amendment helps to increase equally in the family and give rights to women.

Answered by jobseeker Daksha Aggarwal | Approved

In the Vineeta sharma vs Rakesh sharma case, the supreme court held that daughters are coparceners by birth, just like sons, and their right to ancestral property is not dependent on their father being alive at the time of the 2005 amendment to the Hindu Succession Act. This is consider as a landmark judgement of the supreme court in respect of coparcenery right of daughters.
Section 6 of the Hindu Succession Act, 1956, deals with the Devolution of interest in coparcenary property, section 6 (1) of this Act stated that daughters have the same rights and liabilities in respect of the coparcenary property.

Answered by jobseeker Tanyashree | Approved

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