Sons and Daughters Rights in Father's Property

हिंदी में पढ़ें
June 25, 2022
By Advocate Chikirsha Mohanty

Children as coparceners (a person who shares equally in the inheritance of an undivided property) have certain rights over their father’s property including right in ancestral property by birth; a right to survivorship i.e. the right to divide the share among rest if one of the coparceners dies along with the right to sell their share of the property to anyone they want and so on. These rights have been provided to the coparceners under the Indian succession law and may vary based on different circumstances, sometimes even resulting in a denial of a share in the property. The circumstances have been dealt with below in detail in relation to a son’s and a daughter’s right to inherit the father’s property.

Connect with an expert lawyer for your legal issue

Rights of Sons in Father’s Property

Under the Hindu Succession Law, a property for the purpose of inheritance has been divided into an ancestral and self-acquired property and the rights related to each of these also differ.

Rights of sons if the property is ancestral
When the property is ancestral,inheritance rights to sons accrues by the time of birth as a son is a joint owner of ancestral property. A son also holds a right to file a partition suit for his rightful share in the property and can ask for the same during the lifetime of his father. Moreover, he can sell his share in the ancestral property to any third person even before the formal partition of the property has taken place.

Rights of sons if the property is self-acquired
In case of a self-acquired property, the father has a right to gift or Will the property to anyone he deems fit, and the daughter cannot raise an objection over such transfer. Thus, if the property is a self-acquired property of the father and he has gifted or willed such property to someone by his own will, without any coercion, undue influence, fraud or misrepresentation, a right cannot be claimed over the property.

Consult:Top Property Lawyers in India

Rights of Daughters in Father’s Ancestral Property

Earlier, only male members of the Hindu Undivided Family (HUF) had a right over the ancestral property. However, after the amendment made to the Hindu Succession Act in the year 2005, a Hindu female has an equal right in an ancestral property as that of a Hindu male. By the said amendment, women were also made coparceners in the HUF setup.

Whereas, a self-acquired property has been defined as a property purchased by an individual from his own resources or through any property he acquired from his share in an ancestral property. An owner of a self-acquired property has all the rights to dispose of a self-acquired property in any manner he deems fit, and the legal heirs will not be able to raise an objection.

The Hindu Succession (Amendment) Act, 2005 that came into effect from 9thSeptember 2005 has removed provisions that were discriminatory towards Hindu daughter’s inheritance rights and has given equal coparcenary rights to them as sons. In addition to this, a married Hindu daughter also has a right of residence in her father’s house if she is deserted, divorced or widowed.

Further, until recently, the rights guaranteed to daughters under the 2005 amendment were considered to be applicable only to cases where a woman’s father was alive as on 09.09.2005 (i.e. the date on which the amendment was brought into force). This meant that women whose fathers died before 09.09.2005 were denied the coparcenary rights guaranteed by the 2005 amendment.

After various differing opinions within the Indian judiciary on the issue of retrospective applicability of the amendment, the Supreme Court recently in August 2020 brought finality on the matter and made the amendment applicable retrospectively to all cases irrespective to the date of 09.09.2005. This final move has completely eliminated any discrimination between the rights of daughters and sons to their father’s property under the Act.

Connect with an expert lawyer for your legal issue

Rights of a Child in Father’s Property after Divorce in India

Divorce does not affect the rights of a child in their father’s ancestral property. A child may be excluded from their father’s ancestral property if there is a will that excludes them from inheriting such ancestral property. The self-acquired property of a father is his own. He may choose to dispose of it or transfer it according to his discretion. A child shall not claim a share in his father’s self-acquired property as a birthright. Generally, the self-acquired property is bequeathed to a child by their parents. In case a father dies without a will, the child can claim a share in the self-acquired property of the father. While divorce does not affect the rights of a child in the property of their father, they depend upon the father making a will.

Can a Father Gift a Property to his Son?

In a recent case, the Supreme Court held that a property that was gifted by a father to his son could not be counted as an ancestral property simply because he got it from his father. The court stated that the property of the grandfather can be held as the father’s ancestral property.

There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers’ father had made a partition during his lifetime. However, when the father obtains the grandfather’s property by way of gift, it is not considered an ancestral property. Sons and daughters don’t have any claim on the said property gifted by the grandfather.

A gift from the father to his son is not a part of the ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such a property because his grandfather chose to bestow a favor on his father which he could have bestowed on any other person as well.

Thus, the interest which he takes in such a property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his other sons or daughters cannot claim any part in it calling it an ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as a self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son.

Consult:Top Property Lawyers in India

Certain Disqualifications to Rights of Inheritance under the Hindu Succession Act, 1956

The Hindu Succession Act under Sections 24 to 28 provide for certain cases where an heir may be disqualified from inheriting the property of a person dying intestate. Of these disqualifications, one which may lead to the disqualification of the right to inherit property by a son or daughter is the provision of ‘murdered disqualified’.

As per this provision, a person who commits or abets the commission of the murder shall be disqualified from inheriting any property of the person murdered. Thus, if a son or daughter is found guilty of murdering or abetting the murder of his/her father then, they shall be disqualified by law from claiming their share in his property upon succession.

Landmark Judgment pertaining to Daughter's Right in HUF Property

Vineeta Sharma vs Rakesh Sharma (2020) 9 SCC 1

Recently, the Supreme Court of India, while aiming to ensure right to equality, held in this Case that a daughter coparcener would have equal HUF (Hindu Undivided Family) Properties or equal right to family property by birth, irrespective of whether the father i.e. a coparcener passed away before the 9th September 2005 (which is the day when the Parliament recognised daughter's right to equal coparcenary as son by amending the Hindu Succession Act 1956). It was stated by the Three-Judge Bench that the right of the daughter was one bestowed by her birth and would remain unaffected by the date of father's death. This judgment settled the confusion and issue pertaining to the applicability and scope of Section 6 of the Hindu Succession Act 1956 as amended by Hindu Succession (Amendment) Act 2005.

The impact of Vineeta Sharma v. Rakesh Sharma

While this landmark judgment has cleared up existing doubts and confusions and significantly improved women’s rights under the law, its application, in reality, is restricted. The decision applies only to HUF properties and personal and self-acquired properties remain unaffected. These assets are passed on through will or succession law. Personal wealth, including ownership rights in family businesses, are usually held with the patriarchs. Existing business families may still continue to hold wealth through HUFs, but the scale of such holdings has considerably reduced. Few business families continue to establish new HUFs and the majority of the existing HUFs have ceased to operate. Therefore, this judgment may not necessarily transfer real wealth to the daughters.

How can a Lawyer Help You?

Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is related to family property and rights of inheritance. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates to, whether the issue requires going to court and, how the court procedure works. Seeing a property lawyer and getting some legal advice can enable you to comprehend your choices and can give you the certainty to enable you to determine your legal recourse.You can also use LawRato'sFree Legal Adviceservice to get free advice on your case from expert propertylawyers.

An experienced attorney can give you expert advice on how to handle your property matter owing to his/her years of experience in handling such cases. Ais an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney you can ensure avoiding delay and can get your share in the property as quickly as possible.


Comments by Users

If father died.. The fathers job get for elder son and proparty also add elder son what will do younger son .. How to get justice for younger son.. If father died

B ramya
Madam Proparty in 3part A B C parts 1 houses only 3 parts

Very informative and helpful.

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Sunil Kumar Bakshi
Sector-16 , Faridabad
35 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka , Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar , Kanpur
28 years Experience
Advocate H Gouri Shankar
Banjara Hills , Hyderabad
26 years Experience

Related Articles

Connect with top Property lawyers for your specific issue

Legal Questions Answered by Top Lawyers

Property Law Articles

All You Need to Know about Transfer of Property

Stamp Duty on Gift Deed and its Procedure in India

Daughter has right over Parental Property even if Father died before Hindu Succession (Amendment) Act 2005

Right to Fair Compensation in Land Acquisition

User Reviews

LawRato LawRato LawRato LawRato LawRato 4.9 - 22 reviews

Very well written. Please share more info on daughters rights. Thanks.

Sudhir on May 23, 2022

Need a lawyer for my family property case. Where to call?

Rajendra on Jun 19, 2022

Very informative. Got all answers regarding my partition case.

Tanvi on May 31, 2022

please share more details on women property rights.

Parul on Jun 26, 2022

Father died without will. How to divide property?

Aravind on May 24, 2022

A well written article.

Vikrant on May 30, 2022

good article. Can you give some more detail on the issue.

Anil on Jun 30, 2022

Understood the subject with clarity.

Meenakshi on May 24, 2022

very good article. Good writing

Dheeraj on Jun 06, 2022

Tells all the legalities about the subject. Good work.

Diya on Jun 28, 2022

excellent article. Very informative

Vani on May 30, 2022

nice one. Please share more info

Khushi on Jun 19, 2022

learned all the basics about the legal issue. Good article. Keep it up.

Nikhil on May 31, 2022

great advice. Thanks

Anjali on Jun 21, 2022

thanks for the information

Kirti on Jun 12, 2022

Excellent work. Very helpful for understanding the subject.

Krishna on Jun 08, 2022

nicely written. Great work

Vaibhav on May 24, 2022

very good article. Please provide more information on the subject

Nitish on May 23, 2022

thanks for the information

Manjula on May 20, 2022


Poonam on May 17, 2022

thank you for the information

Gayathri on Jun 02, 2022

how to contact a lawyer for my legal case?

Shobha on Jun 30, 2022