The Hindu Succession (Amendment) Act, 2005 was a game-changer in granting daughters equal rights in ancestral property. It recognized daughters as coparceners by birth, ensuring they had the same inheritance rights as sons.
But what about daughters born before 2005? Were they denied these rights simply because of their birthdate? Could they claim equal inheritance in their family’s ancestral property?
For years, ambiguity surrounded the rights of daughters who were born before the amendment. Many legal disputes arose over whether their rights were contingent on the amendment’s timeline or if they had always been entitled to equal inheritance.
Supreme Court’s Landmark Ruling (2020)
In Vineeta Sharma vs. Rakesh Sharma (2020), the Supreme Court settled this debate by ruling that daughters born before 2005 are also entitled to equal coparcenary rights.
The judgment clarified that:
✔ A daughter’s right to ancestral property is by birth, not by the date of the amendment.
✔ This right exists irrespective of whether the father was alive in 2005 or not.
✔ The amendment only recognized an already existing right, rather than creating a new one.
What This Means for Hindu Daughters
This retrospective recognition of daughters’ inheritance rights marks a significant shift in legal and societal perspectives. For centuries, patriarchal customs dictated that daughters relied on male family members for financial security. The 2020 verdict ensures that their right to ancestral property is not merely a legal provision but a matter of dignity and equality.
A Step Forward, But Challenges Remain
- Many families are still unaware of the legal changes, leading to disputes.
- Implementation challenges remain, especially in cases where property was already transferred before 2005.
- Social stigma continues to discourage women from claiming their rightful share.
The Big Question: Will This Change Mindsets?
While the legal framework now ensures equal rights for daughters in Hindu ancestral property, the real challenge is social acceptance. Will this judgment be enough to shift generational attitudes toward gender equality in inheritance?
The fight for property rights is more than just about ownership—it’s about fairness, dignity, and justice.
Author: Aadya Chauhan,
Intern Kar & Associates,
3rd Year Law Student – SOA National Institute of Law