Under Indian law, the question of whether a daughter can claim a share in her father’s property has undergone significant evolution, especially after the amendments and landmark Supreme Court judgments. As a lawyer, it is crucial to understand the current legal framework governing daughters' rights in inheritance and property matters under Hindu law, which is applicable to the majority of the Indian population.

Historical Legal Position

Traditionally, under Hindu Mitakshara law, only male members of a Hindu Undivided Family (HUF)—specifically sons—were recognized as coparceners, meaning they had a birthright to ancestral property and could demand partition. Daughters were not considered coparceners and thus had limited rights in ancestral property. They could inherit property as legal heirs upon the death of their father, but only under the general succession laws, not by birthright.

Changes Brought by the Hindu Succession (Amendment) Act, 2005

The significant shift came with the Hindu Succession (Amendment) Act, 2005, which amended the Hindu Succession Act, 1956. The amendment granted daughters the same rights and liabilities in the coparcenary property as sons. This means:

• A daughter born in a Hindu family is a coparcener by birth in her father’s ancestral property.
• She has an equal right to demand partition and claim her share in the ancestral property.
• She also has the right to apply for the partition of the property and can become the karta (manager) of the HUF in certain circumstances.
• The amendment is retrospective, meaning daughters have rights in ancestral property held by the family before or after the amendment came into force.

Rights of Daughters in Self-Acquired Property

In addition to ancestral property, daughters also have rights in their father’s self-acquired property as legal heirs under Section 8 of the Hindu Succession Act, 1956. Upon the father’s death, daughters are entitled to inherit equally along with other legal heirs such as sons, wife, and mother.

Supreme Court Rulings Clarifying Daughters’ Rights

The Supreme Court of India has reinforced daughters’ rights in several judgments:

• In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court clarified that daughters are coparceners by birth and have the right to seek partition in ancestral property regardless of whether the father was alive when the 2005 amendment came into effect. This overruled previous conflicting decisions and firmly established daughters’ equal rights.
• The Court emphasized that the amendment did not require any action or declaration by the daughter to be recognized as a coparcener. The right arises automatically by birth.

Practical Implications

A daughter can claim her share in her father’s property during his lifetime or after his death:

• During Father’s Lifetime: As a coparcener, she can demand partition and claim her share in the ancestral property. The father cannot deprive her of this right.
• After Father’s Death: She inherits the father’s self-acquired and ancestral property as a legal heir.

Restrictions and Exceptions

Certain exceptions still apply, such as in cases of testamentary disposition (Wills) where the father can choose to distribute his property differently by a valid Will. However, if the property is ancestral and the daughter is a coparcener, her rights to demand partition and share cannot be denied by informal family arrangements.

Summary of Legal Rights

• Daughter is a coparcener in ancestral property by birth.
• Daughter has the same rights as sons to demand partition and claim her share.
• Daughter inherits self-acquired property as a legal heir after the father’s death.
• These rights are backed by the Hindu Succession (Amendment) Act, 2005, and Supreme Court rulings.

In conclusion, as a lawyer advising clients, it is essential to inform them that daughters today enjoy equal property rights in their father’s estate under Hindu law, marking a significant step towards gender equality in inheritance rights.