Can a Married Hindu Daughter Inherit Her Father’s Property? Legal Rights Explained Under Hindu Succession Act
For centuries, property inheritance in Hindu families has been guided by traditional customs and religious texts. However, modern India has witnessed a significant transformation in this regard — especially after a landmark legal amendment that ensured equal rights for daughters in ancestral property.
But one key question continues to confuse many: Does a Hindu daughter retain her right to her father’s property even after marriage? The answer, according to the Hindu Succession (Amendment) Act, 2005, is a clear yes. Let’s understand this in detail.
In 1956, India codified major Hindu personal laws through acts like the Hindu Marriage Act, Hindu Adoption and Maintenance Act, and most importantly, the Hindu Succession Act, 1956. This Act laid the foundation for inheritance and property rights among Hindus, including both self-acquired and ancestral assets.
Originally, under the 1956 law, only sons were recognized as coparceners (legal co-owners) in ancestral property under a Hindu Undivided Family (HUF). Daughters, though family members, were not granted equal ownership rights.
This disparity was finally corrected by the Hindu Succession (Amendment) Act, 2005, which granted daughters the same birthright as sons in their father’s ancestral property.
Since September 9, 2005, a daughter is legally recognized as a coparcener by birth in her father’s HUF. This means she has:
The same rights as her brother in the ancestral property.
The right to demand partition of HUF property.
The right to become the Karta (manager) of the family property.
This applies irrespective of whether the daughter is married or unmarried. Marriage does not take away her birthright in her parental property.
A Hindu’s property can be divided into two types:
Self-acquired property – Property purchased or earned by an individual. The owner can distribute it as they wish through a will.
Ancestral (HUF) property – Property inherited across generations within a joint Hindu family.
If a person dies without a will (intestate), their property is distributed according to the Hindu Succession Act, 1956. In such cases, both sons and daughters (and their legal heirs) inherit equal shares.
For example, if a father dies leaving behind a son and a daughter, both will inherit equal portions of the property — regardless of the daughter’s marital status.
Marriage does not affect a daughter’s status as a coparcener. While she may become part of her husband’s family, she remains a coparcener in her father’s HUF by birth.
Even if she no longer lives with her parental family, her share in the ancestral property remains intact. Upon her death, that share passes on to her legal heirs (husband, children, etc.).
It’s important to note that:
The daughter cannot gift her HUF share while alive, but she can will it to anyone she chooses.
If no valid will exists, her portion will be divided among her legal heirs under Section 6 of the Hindu Succession Act, 1956.
Earlier, there was confusion about whether daughters could claim ancestral property if their father had passed away before the 2005 amendment. However, the Supreme Court of India, in a landmark 2020 judgment (Vineeta Sharma vs Rakesh Sharma), clarified that a daughter’s right as a coparcener is by birth, not dependent on her father’s survival in 2005.
This means even if the father passed away before the amendment, the daughter is still entitled to an equal share in the ancestral property.
Under current law, a married Hindu daughter has the same rights as a son in both ancestral and self-acquired property of her father (if he dies intestate). Her marriage does not strip her of these rights — they are inherent and permanent by virtue of her birth.
The Hindu Succession (Amendment) Act, 2005, and subsequent court rulings have cemented gender equality in inheritance law, ensuring that daughters, married or unmarried, remain rightful heirs to their family’s ancestral legacy.
