The Hindu Succession Act, 1956, along with the Hindu Succession (Amendment) Act, 2005, governs the inheritance rights of daughters in India. While the 2005 Amendment granted daughters equal rights in their father’s property, there are still specific situations where they can or cannot claim a share. This article provides a clear, concise breakdown of when a daughter is legally entitled to inherit and when she is not.

When Can a Daughter Claim Her Father’s Property?

1. If the Father Dies Without a Will (Intestate Succession)

When a Hindu father dies without leaving a will, the property is distributed according to intestate succession laws under the Hindu Succession Act.

  • A daughter has equal rights as a son in both ancestral and self-acquired property.
  • She is classified as a Class I legal heir, along with the son, widow (mother), and other specified relatives.
  • The daughter is entitled to an equal share of the father’s property.

Example: If a father passes away leaving behind a widow, a son, and a daughter, the property is equally divided into three parts.

2. If the Property is Ancestral (After the 2005 Amendment)

  • Ancestral property is inherited through four generations of male lineage and remains undivided.
  • The 2005 Amendment granted daughters equal birthrights in ancestral property, just like sons.
  • A daughter remains a coparcener (joint legal heir) even if she marries.

Can a Daughter Claim Ancestral Property if the Father is Alive?
Yes! Since daughters are coparceners by birth, they have a legal claim to ancestral property even if their father is alive.

3. If the Father Leaves a Will in the Daughter’s Favor

A father has complete control over his self-acquired property and can choose his heirs.

  • If the father names the daughter as a beneficiary in his will, she has the legal right to inherit.
  • Even if other family members contest the will, the daughter’s claim remains valid as long as the will is legally sound.

When Can a Daughter Challenge a Will?
A daughter can challenge the will if:

  • It was made under coercion or undue influence.
  • The father was mentally unstable at the time of signing.
  • The will is forged or invalid.

4. If No Valid Partition Was Made Before 2005

Before the 2005 Amendment, only sons could inherit Hindu coparcenary property. However, if the property wasn’t formally partitioned before December 20, 2004, a daughter can still claim her share.

  • Valid partition means a registered deed or a court decree confirming property division.
  • If partition happened orally or without proper documentation, it is not legally valid, and the daughter can claim her share.

5. If the Daughter is Adopted Legally

  • An adopted daughter has the same inheritance rights as a biological daughter.
  • The adoption must be legally valid under the Hindu Adoption and Maintenance Act, 1956.

When Can a Daughter Not Claim Her Father’s Property?

1. If the Father’s Property is Self-Acquired and He Leaves a Will Excluding Her

  • If the father writes a valid will excluding his daughter, she cannot claim his self-acquired property.
  • The daughter can only challenge the will if it is fraudulent, manipulated, or made under undue influence.

2. If the Property is Ancestral, But a Partition Took Place Before 2005

  • If the ancestral property was legally divided before December 20, 2004, the daughter has no right to claim a share.
  • A valid partition means it was done through a registered deed or court decree.

3. If She Converts to Another Religion

  • If a daughter converts to another religion, her inheritance rights remain intact, but her descendants (children and grandchildren) lose their claim.
  • If she reconverts to Hinduism before the father’s death, she can inherit the property.

4. If the Father’s Property is Governed by Special Laws

Certain special laws and agreements override standard inheritance rules:

  • Properties governed by the Indian Succession Act, 1925 (for interfaith marriages).
  • Royal family estates inherited through special covenants.
  • Tribal laws that restrict property inheritance to male members.

If a property falls under these exceptions, a daughter may not have a legal claim unless explicitly mentioned.

5. If the Daughter is Disqualified Due to Criminal or Legal Grounds

  • Under Section 25 of the Hindu Succession Act, a person is disqualified from inheriting property if convicted of murdering or abetting the murder of the property owner.
  • If a daughter is guilty of fraud, forgery, or mentally incompetent, she can be disqualified from inheriting.

Final Thoughts: What Should You Do If You Are Facing Inheritance Issues?

  • If a daughter is wrongfully denied her inheritance, she should seek legal help.
  • Ancestral and intestate property ensures equal rights for daughters, but self-acquired property depends on the father’s will.
  • If there are property disputes, consulting a legal expert can help secure the daughter’s rightful share.

Daughters today have stronger legal rights than ever before. If you believe you are entitled to inherit property, ensure you have legal proof and seek assistance from a property lawyer to claim your rightful share.