Daughters Have Equal Rights in Ancestral Property. What the Supreme Court Settled in 2020
In Vineeta Sharma v. Rakesh Sharma, the Supreme Court held that daughters are coparceners by birth, with the same rights as sons in Hindu ancestral property.
When a family decides to sell or redevelop an old ancestral home, one question decides who signs: are the daughters co-owners? Since 2020, the answer is clear.
The judgment
In Vineeta Sharma v. Rakesh Sharma, decided on 11 August 2020, the Supreme Court held that under the 2005 amendment to the Hindu Succession Act:
- Daughters are coparceners by birth, with the same rights and liabilities as sons.
- Their rights do not depend on their date of birth, and they do not lose them on marriage.
- The right applies even if the father died before the 2005 amendment.
In ancestral property, a daughter's share is not a favour. It is hers by birth.
Ancestral vs self-acquired
This is about coparcenary (ancestral) property of a Hindu undivided family. A flat your father bought himself is self-acquired and passes under his will, or under the succession rules if there is no will. See who inherits a flat without a will.
Why it matters for a sale or redevelopment
- A buyer's lawyer will want every coparcener, daughters included, to consent or sign.
- A sale that leaves a daughter out can be challenged later.
- NRI daughters can sign through a properly executed power of attorney. See PoA signed abroad.
Frequently asked questions
Do daughters have equal rights in ancestral property?
Yes. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held daughters are coparceners by birth with the same rights as sons.
Does a married daughter lose her share?
No. Marriage does not take away a daughter's coparcenary rights.
Sources
- The Leaflet: Why the Supreme Court judgment on daughters as coparceners is important
- Supreme Court: Vineeta Sharma v. Rakesh Sharma (judgment PDF)
This is general information, not legal or tax advice. Rules change, so check your own case with a lawyer or CA.
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