📘 Can a Daughter Claim Father’s Property After Marriage?
Hindu Succession Act, 2005 – Explained for RJS, DJS, PCS (J)
📚 Introduction
A common misconception under Hindu law is that a daughter loses her right in her father’s property after marriage.
The Hindu Succession (Amendment) Act, 2005 has fundamentally altered this position by conferring equal rights upon daughters in coparcenary property.
This post examines whether a married daughter can claim her father’s property and clarifies the legal position with reference to statutory provisions and settled judicial interpretation.
⚖️ Legal Position Before the 2005 Amendment
Prior to the 2005 amendment, daughters were not recognised as coparceners under Mitakshara Hindu law.
Marriage further weakened their practical ability to claim any share in joint family property, as rights were largely dependent upon succession after the death of the father.
A daughter had no right by birth in ancestral property and could neither demand partition nor claim survivorship during the lifetime of the father.
📝 Effect of the Hindu Succession (Amendment) Act, 2005
The 2005 amendment substituted Section 6 of the Hindu Succession Act and declared that a daughter of a coparcener shall, by birth, become a coparcener in her own right.
- ✔️ Marriage does not affect coparcenary status
- ✔️ Married and unmarried daughters stand on equal footing
- ✔️ Same rights and liabilities as a son
Accordingly, marriage does not divest a daughter of her statutory rights in coparcenary property.
🏠 Rights of a Married Daughter in Ancestral Property
In ancestral property governed by Mitakshara law, a daughter acquires coparcenary rights by birth.
Her marital status is irrelevant for determining her entitlement.
A married daughter can:
- Demand partition of ancestral property
- Claim an equal share along with sons
- Dispose of her share by testamentary succession
📜 Rights in Self-Acquired Property of the Father
The rights of a daughter in self-acquired property of the father are governed by rules of intestate succession.
If the father dies intestate, a married daughter is a Class I heir and is entitled to an equal share along with other heirs.
If the father executes a valid will, the distribution of self-acquired property will be governed by the terms of the will.
📌 Importance for Judicial Service Examinations
Questions relating to married daughters’ rights in ancestral and self-acquired property are frequently tested in judiciary examinations.
A clear distinction between coparcenary rights and succession rights is essential for accurate answer-writing.
🔗 Related Reading
-
👉 Hindu Succession (Amendment) Act, 2005 – Daughters’ Rights Explained
-
👉 Difference Between Ancestral and Self-Acquired Property Under Hindu Law
(Internal links for deeper conceptual clarity)
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❓ Frequently Asked Questions
No. Marriage does not affect the coparcenary rights of a daughter. A married daughter continues to have the same rights as a son in ancestral property.
Yes. As a coparcener by birth, a married daughter is entitled to demand partition of ancestral property.
If the father dies intestate, a married daughter is a Class I heir and is entitled to an equal share in self-acquired property.
No. Residence or marital status has no bearing on a daughter’s statutory rights under the Hindu Succession Act.
Yes. The rights of married daughters under the Hindu Succession Act are frequently tested in prelims and mains of RJS, DJS and PCS (J).