Can a Hindu daughter claim right in ancestral property?
Yes, this was made possible by the amendment of the Hindu Succession Act, 1956 which originally didn’t give daughters equal rights to ancestral property. The government amended the law and removed the disparity on September 9, 2005 and established that now a daughter also would acquire ownership rights on the property from the time of her conception.
Thus, daughter has been made coparcener like sons and now she has the same rights of partition and power to deal with the property as she pleases. Like any coparcener she can seek a partition and sale of the family home as well as long as these are ancestral properties or joint family properties.
Now, daughter becomes a coparcener in a Hindu Coparcenary and has the same rights in the Coparcenary property as she would have had if she had been a son. However, whereas the amendment vested her with the right on the ancestral property, it also asks her to fulfill the obligations as it puts similar liabilities that it puts to sons.
The Amendment has retrospective effect
The established law is that the amended section 6 of the Hindu Succession Act applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force.
Thus, section 6 of Hindu Succession Act, 1956 which was amended by the Amendment Act of 2005 has retroactive effect and do not and cannot impinge upon or curtail or restrict the rights of daughters born prior to 9 September 2005. Now, there is a complete parity in terms of rights and there is no disparity between son and daughter when it comes to inheritance in ancestral property.
How can you assert your right in ancestral property?
You can file suit for partition in the ancestral property like any son would do as you are a coparcener like him and have all rights that he has. Thus, whether you are married, widowed or unmarried can approach the civil court for seeking a partition from the brothers or family or father and ask for the rightful portion in the ancestral property.
When a daughter files a suit for partition, she pays court fees which depends on the value of her share in the property and has to be calculated as per court fee chart. Thus, now, daughter can acquire property from the ancestral properties and can deal with it the way she wants as it becomes her absolute property and her children have no right during her lifetime.
