Can daughter claim right on father's property


Hi i want to know the complete daughter's right on fathers property.

Answers (1)


301 votes

I am assuming the Querist to be a Hindu and therefore I am confining my opinion to a daughter's rights under Hindu Succession Law (which applies equally to a person who is Buddhist, or Jain or Sikh by religion). Under the Hindu Succession Act, 1956 (as amended) a daughter and son have an equal share in their father's property. A daughter is a Class I legal heir and inherits her father’s self-acquired property simultaneously with other Class I heirs. Similarly, a daughter is also recognized as a ‘coparcener’ and has the same rights in coparcenery property (also known as Joint Hindu Family property) as if she would have been a son, provided she was born either prior or after June 17, 1956 and was alive on September 09, 2005.

Both in the case of a father’s self acquired property and the coparcenary property the daughter has right to claim partition of her share. She may also dipose of her share by testamentary disposition i.e by creating a will.

A daughter can only be debarred from inheriting her father’s self-acquired property if he has excluded her from inheriting any of his properties in his will and last testament.


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