A dispute has arisen regarding ancestral property located in East Delhi. Some family members claim daughters cannot claim an equal share. What rights do daughters currently have under Indian law?
Yes, daughters have equal rights in ancestral property in Delhi and across India under current law, and any claim that daughters are not entitled to an equal share is legally incorrect. It is advisable to consult experienced property lawyers to understand how these rights apply to your specific situation and to protect your share in the property.
Under the Hindu Succession Act, as amended in 2005, daughters are recognized as coparceners by birth, just like sons in a Hindu Undivided Family (HUF). This means a daughter has the same rights and liabilities as a son in ancestral property, including the right to claim partition, seek her share, and even become the Karta (manager) of the HUF in certain circumstances. The law now clearly provides that daughters are entitled to an equal share in ancestral property.
The Supreme Court has further clarified that a daughter’s right is by birth and not dependent on whether the father was alive at the time of the amendment. This means daughters can claim their share even in older properties, provided the partition has not been legally completed before the amendment came into force.
If any family member denies a daughter her rightful share, she can file a partition suit before the appropriate civil court and seek her legal entitlement. Courts in Delhi consistently uphold these rights, and any transfer or division done without including the daughter’s share can be challenged.
Given the legal importance of such matters, it is recommended to seek proper legal advice and consult experienced property lawyers. You can also take guidance from Aapka Legal Advice to evaluate your case, assert your rights, and ensure that your lawful share in the ancestral property is fully protected.