The Hindu Succession (Amendment) Act, 2005 gave daughters equal rights as sons in ancestral (coparcenary) property of a Hindu Undivided Family (HUF).
Before vs. After 2005
| Before 2005 | After 2005 |
|---|---|
| Only sons were coparceners | Daughters are coparceners by birth |
| Daughters had no birthright in ancestral property | Same rights and liabilities as sons |
| Marriage ended daughter’s HUF membership | Marriage does NOT affect rights |
The Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) confirmed this applies even if the father died before 2005.
Partition Process
- Any coparcener can demand partition
- Partition can be by mutual agreement or court decree
- Each coparcener gets an equal share
- A will can only dispose of the testator’s own share, not the entire HUF property
Self-Acquired vs. Ancestral Property
- Ancestral property: Subject to coparcenary rights — daughters have an equal share
- Self-acquired property: Belongs entirely to the individual — can be willed to anyone, including strangers