Inheritance & Property Law For Daughters: Claim Or Not Claim Her Father’s Property?

Last Updated on February 26, 2025 by Sudhir Singh

The Hindu Succession Act, 1956, governs inheritance laws for Hindus, including Sikhs, Jains, and Buddhists. Over time, legal amendments, especially the Hindu Succession (Amendment) Act, 2005, have empowered daughters by giving them equal rights in their father’s property. However, there are specific circumstances where a daughter can and cannot claim her father’s property. This article explores such cases in detail.

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, his property is distributed as per intestate succession under the Hindu Succession Act.

Rights of a Daughter in Intestate Succession:

The daughter has equal rights as the 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.
She is entitled to an equal share of the father’s property.

Example:
If a father leaves behind a widow, one son, and one daughter, each of them will receive an equal one-third share of the property.

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

Ancestral property refers to property inherited through four generations of male lineage and has not been divided.

2005 Amendment Key Provisions:

Daughters became coparceners in Hindu joint family property by birth.
They have equal rights and liabilities as sons in ancestral property.
Even married daughters have the right to inherit.

Can a Daughter Claim Ancestral Property if the Father is Alive?

Yes! Since the 2005 Amendment, a daughter is a coparcener by birth, meaning she has a claim even when the father is alive.

3. If the Father Had a Will Naming the Daughter as an Heir

A father has full rights over his self-acquired property and can distribute it as he wishes through a will.

If the will names the daughter as a beneficiary, she has the legal right to claim the property.
Even if other heirs (e.g., son, widow) contest the will, she can legally enforce her inheritance if the will is valid.

When Can a Daughter Challenge a Will?

If a father excludes his daughter from the will, she cannot claim his property. However, she can challenge the will if:

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

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4. If There Was No Valid Partition Before 2005

Before the 2005 Amendment, only sons had rights in Hindu coparcenary property. However, if a valid partition was not made before December 20, 2004, the daughter can still claim her share.

What is a Valid Partition?

A registered partition deed OR
A court decree approving partition

If there was only an oral or informal partition, it is not legally valid, and the daughter can claim her share.

5. If the Father Died After 2005 and the Property is Joint Family Property

If the father died after 2005, his daughter can inherit the ancestral or joint family property equally with her brothers.
The Supreme Court (2020 ruling) clarified that daughters have a birthright to ancestral property regardless of when their father died.

6. If the Property was Inherited by the Father Without Restrictions

If the father inherited property from his ancestors or from his parents, he can pass it to his daughter unless specific conditions restrict it.

When Can a Daughter Claim an Inherited Property?

If the property was inherited without conditions, she has equal rights as other legal heirs.
If the property was inherited with restrictions, her claim will depend on the terms.

7. If the Daughter is Adopted Legally

An adopted daughter has the same inheritance rights as a biological daughter.

Key Conditions:

The adoption must be legally valid under the Hindu Adoption and Maintenance Act, 1956.
Once adopted, she has equal rights to her adoptive father’s property.

8. If the Daughter is a Legal Guardian of Her Father

If a daughter took care of her father in his old age, she may have a legal claim under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

If the father wishes to give her property, she can claim inheritance.
She may receive compensation if other heirs wrongfully exclude her from inheritance.

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

1. If the Father’s Property is Self-Acquired and He Has Left a Will

The father has full rights over his self-acquired property, meaning he can dispose of it as per his wishes. If he leaves a legally valid will (testamentary succession), the property will be inherited by the person(s) named in the will.

Can a Daughter Challenge the Will?

A daughter can challenge the will only if:

The will is forged or fraudulent.
The father was mentally unstable at the time of making the will.
The will was executed under coercion or undue influence.

If none of these conditions apply, a daughter has no right to claim her father’s property if she is excluded from the will.

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

The Hindu Succession Act, 1956, originally granted only male heirs the right to inherit ancestral property. However, the 2005 Amendment granted daughters equal rights as sons.

Exception: Partition Before December 20, 2004

If a valid partition of the ancestral property happened before December 20, 2004, a daughter cannot claim any right in it.
A valid partition means:
- A registered deed exists.
- A court decree confirming the division of property.

If the partition was done through a mere oral agreement, it is not legally valid, and the daughter can still claim her share.

3. If She is Disqualified Under Section 26 (Conversion to Another Religion)

The Hindu Succession Act applies only to Hindus, Buddhists, Jains, and Sikhs. If a daughter converts to another religion, her right to inherit her father’s property remains intact, but her descendants (children and grandchildren) lose the right.

Exceptions

If the daughter reconverts to Hinduism before the father’s death, she can inherit the property.
If the father explicitly includes her in his will, she can inherit despite her conversion.

4. If the Property Belonged to the Mother and Had Specific Conditions

If the father inherited property from his wife (the daughter’s mother), the property may carry inheritance restrictions.

Situations Where a Daughter Cannot Claim the Property

If the mother left a will, that excludes the daughter.
If the property was inherited under specific conditions, such as being reserved for a particular heir (e.g., a male child).

Thus, if the mother’s will or inheritance conditions prevent the daughter from inheriting, she has no legal claim.

5. If the Daughter is Adopted and the Property Falls Under Special Laws

Adopted daughters have the same rights as biological daughters under the Hindu Adoption and Maintenance Act, 1956. However, complications arise in cases involving:

Special adoption laws govern certain communities.
Personal agreements that dictate the distribution of property.

If a legally adopted daughter is excluded from inheritance by a legally valid will, she cannot claim a share.

6. If the Father’s Property is Governed by a Special Covenant or Agreement

Section 5 of the Hindu Succession Act states that some properties do not follow general inheritance laws. Examples include:

Properties governed by the Indian Succession Act, 1925 (applicable to interfaith marriages).
Royal family estates are inherited through special covenants.
Properties are subject to tribal inheritance customs, where local laws may apply.

If a father’s property falls under such special agreements, his daughter may not have a claim unless explicitly mentioned.

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

Disqualification Due to Criminal Activities

Under Section 25 of the Hindu Succession Act, a person is disqualified from inheriting property if they are convicted of murdering or abetting the murder of the property owner.

If a daughter kills her father or is involved in his murder, she loses all inheritance rights.
The property then passes to the next eligible legal heir (e.g., the mother or siblings).

Disqualification Due to Legal Incompetence

A daughter can also be disqualified if she is:

Declared mentally unsound and unable to manage property.
Found guilty of fraud or forgery related to the property.

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Conclusion

While daughters have equal rights in their father’s property under the Hindu Succession (Amendment) Act, 2005, certain legal conditions may prevent them from claiming inheritance. These include valid wills, prior partitions, religious conversion, special property laws, and legal disqualifications.

If a daughter is facing issues claiming her rightful inheritance, she should consult a legal expert to determine the best course of action based on her specific case.