Can married daughters claim for fathers property?

733 votes

Dear client
Yes your two sisters are very much legal heirs of your deceased father and even if your father has expired before the year 2005 and if the properties are not being alienated or partitioned till todate then your sisters can very well claim their rights as co- owners

Advocate Vikram Ojha LawRato

568 votes

The answer is NO, if the father died before 20-12-2004.

Section 6 of the Hindu succession act was amended in 2005 and provided equal rights to a daughter to the father’s ancestral property.

This lead to several litigations on account of the section being applicable retrospectively, finally the Hon’ble Supreme Court clarified the above issue.


The Hon’ble Supreme Court, in the said judgement held as under:
“Rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation.”....

“If such a coparcener had died prior to the commencement of the Amendment Act, succession opens out on the date of the death as per the prevailing provision of the succession law and the rights of the heirs get crystalised even if partition by metes and bounds does not take place. It was pointed out that apparently conflicting provision in Explanation to Section 6(5) and the said Section was required to be given harmonious construction with the main provision. The explanation could not be read in conflict with the main provision. Main provision of Section 6(1) confers right of coparcener on a daughter only from commencement of the Act and not for any period prior to that. The proviso to Section 6(1) also applies only where the main provision of Section 6(5) applies. Since Section 6(5) applies to partition effected after 20th December, 2004, the said proviso and the Explanation also applies only when Section 6(1) applies”

The intent of the above judgement is clear that the daughters right on ancestral property shall only arise of both she and her father were alive on the date of the said amendment.
The above section and judgement should not be confused with fathers self
acquired property, the above only applies to ancestral property.
The daughter has equal rights to fathers self acquired property and the same
remains unchanged by the above judgement.

Advocate Mahesh Kumar Joshi LawRato

696 votes

Please note that the Hindu Succession Act 2005 as on date stands repealed by the enactment no:-17 of 2015.
Section (6) of the Hindu Succession Act 1956 deals with the issues related to devolution of in interests in coparcenary property.Hindu Mitakshara coparcener issues​ are also
Covered there.The Hon'ble Supreme Court Of India vide the Judgement dt 16/10/2015 held that all that required is that daughter should be alive and her father should also be alive on​ 20/12/2004. But in your case,if your family belongs to Hindu Mitakshara Coparcener group, the instant judgement is applicable for your family otherwise​ not.
For legal opinion in detail from me on this issue Contact lawRato.

Advocate Goutam Majumder LawRato