Yes, daughters can seek partition of ancestral property, and they enjoy the same rights as sons to claim their share in such property. This significant legal change was made possible through the Hindu Succession (Amendment) Act, 2005, which granted equal property rights to daughters in ancestral property, thus recognizing their position as coparceners in a Hindu Undivided Family (HUF).
Before 2005, only male members of a family had coparcenary rights, meaning they had a birthright to an undivided share in the ancestral property. However, the amendment revolutionized property rights by extending these rights to daughters, ensuring gender equality in property inheritance.
1. Understanding Ancestral Property and Coparcenary Rights
a) Ancestral Property
Ancestral property refers to property inherited by a Hindu male from his father, grandfather, or great-grandfather. It remains undivided within the Hindu Undivided Family (HUF). All descendants in the male line, known as coparceners, have a birthright in this property.
b) Coparcenary Rights
The concept of coparcenary is integral to understanding partition rights. Under Hindu law, coparceners are individuals who have a legal claim to the family’s ancestral property. They have the right to demand partition and acquire their share. Traditionally, only male members of the HUF were considered coparceners, but the 2005 amendment brought daughters into this fold.
2. Hindu Succession (Amendment) Act, 2005
The Hindu Succession (Amendment) Act, 2005, is a landmark legal reform that granted daughters the right to be coparceners, thus giving them the same rights as sons in ancestral property. This amendment introduced gender parity in property laws, ensuring daughters had the following rights:
- Equal Rights in Ancestral Property: Daughters, whether married or unmarried, have the same rights as sons to claim a share in the ancestral property of their family.
- Right to Partition: Daughters can demand a partition of the ancestral property and claim their rightful share.
- Retroactive Rights: Daughters are entitled to claim their share in the ancestral property even if their father passed away before the 2005 amendment, as long as the property was not partitioned before September 9, 2005.
- Liabilities of Coparceners: Along with rights, daughters also inherit the liabilities of the coparcenary property. This means they are responsible for debts and other financial obligations tied to the ancestral property.
3. Supreme Court’s Rulings on Daughters’ Rights
The Supreme Court of India has played a pivotal role in strengthening the rights of daughters to claim partition of ancestral property. In 2020, the court reaffirmed that daughters have equal rights as sons to the ancestral property, regardless of whether their father was alive when the 2005 amendment came into effect.
This ruling has clarified that daughters can now seek partition and claim their share in ancestral property retrospectively, provided the property was not already partitioned.
4. Procedure for Daughters to Seek Partition
Daughters can follow the same legal procedure as sons to seek partition of ancestral property. Here are the steps involved:
- Mutual Agreement: If all coparceners (including sons and daughters) agree to partition, they can execute a Partition Deed. The deed must be registered to be legally enforceable.
- Partition Suit: If a mutual agreement cannot be reached, a daughter can file a Partition Suit in a civil court. The court will then divide the property among all coparceners as per their share.
- Share in the Property: The property will be divided equally among all coparceners, including the daughter, once the partition is completed.
5. Limitations and Clarifications
- Property Already Partitioned: If the ancestral property was already partitioned before September 9, 2005, daughters cannot reopen the case to claim a share.
- Self-Acquired Property: Daughters’ rights in self-acquired property differ. If the property was self-acquired by the father, and he dies intestate (without a will), the property is divided equally among legal heirs (sons, daughters, spouse, and mother). If there is a will, the property is distributed according to the terms of the will.
FAQs on Daughters’ Right to Seek Partition of Ancestral Property
1. Can daughters claim partition in ancestral property?
Yes, after the Hindu Succession (Amendment) Act, 2005, daughters have the same right as sons to claim partition and an equal share in ancestral property.
2. Are daughters considered coparceners in a Hindu Undivided Family (HUF)?
Yes, daughters are considered coparceners in a Hindu Undivided Family (HUF), and they enjoy the same rights as sons in ancestral property after the 2005 amendment to the Hindu Succession Act.
3. Does the right to claim partition apply to married daughters?
Yes, both married and unmarried daughters have the right to claim partition of ancestral property. Their marital status does not affect their right to a share in the property.
4. Can a daughter claim her share if her father passed away before the 2005 amendment?
Yes, a daughter can claim her share in ancestral property even if her father passed away before the 2005 amendment, provided the property was not partitioned before September 9, 2005.
5. What if the ancestral property was already partitioned before the 2005 amendment?
If the property was partitioned before the cut-off date of September 9, 2005, the daughter cannot claim a share in that property, as the amendment does not apply to partitions that took place before this date.
6. What is the procedure for a daughter to seek partition of ancestral property?
A daughter can seek partition by either mutual agreement among the family members through a Partition Deed, or by filing a Partition Suit in a civil court if no agreement is reached.
7. Are daughters responsible for liabilities in ancestral property?
Yes, as coparceners, daughters share both the rights and liabilities associated with the ancestral property. They are responsible for any debts or obligations tied to the property.
8. Can daughters claim a share in self-acquired property?
If the property is self-acquired by the father and he dies intestate, daughters can claim an equal share along with other legal heirs (sons, spouse, mother). However, if there is a will, the property is distributed as per the terms of the will.
9. What happens if a daughter does not want to claim her share in the property?
If a daughter does not want to claim her share, she can relinquish her rights by executing a Relinquishment Deed in favor of other family members.
10. What happens when a daughter claims partition but her brothers refuse?
If mutual consent cannot be reached, the daughter can file a Partition Suit in court. The court will determine the rightful shares and ensure the property is partitioned according to the law.
Conclusion
Daughters’ rights to seek partition of ancestral property have been firmly established by the Hindu Succession (Amendment) Act, 2005 and subsequent Supreme Court rulings. This legal development ensures that daughters, whether married or unmarried, are treated equally with sons in matters of inheritance and property division. By providing daughters with coparcenary rights, the law promotes gender equality in property succession, making the partition of ancestral property more inclusive and just. Daughters now have both the right and the legal recourse to claim their share in ancestral property, contributing to a more equitable distribution of family assets.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304