What does the Hindu Succession (Amendment) Act, 2005 state about daughters' rights to ancestral property?

The Act grants daughters equal rights to their father's ancestral property, regardless of when the father died.

Can a daughter claim her father's self-acquired property?

A daughter’s claim to self-acquired property is not automatic; the father can choose to distribute it as he wishes during his lifetime.

What happens if the father transfers property before his death?

If the father has legally transferred or sold the property before his death, the daughter cannot claim it as part of her inheritance.

How does the inheritance of agricultural land differ across India?

Inheritance laws for agricultural land vary by state, which can complicate a daughter's claim to such property.

Can a father exclude a daughter from inheriting self-acquired property?

Yes, the father can choose to give his self-acquired property to one or more children, excluding others, based on his discretion.

What is the time limit to claim father's property by daughter?

A daughter can claim her share in her father’s property within 12 years from the date of denial of her rights or when the cause of action arises, as per the Limitation Act, 1963.

What is the new rule for father property?

As per the Hindu Succession (Amendment) Act, 2005, daughters have equal coparcenary rights in their father’s ancestral property, just like sons, irrespective of whether the father is alive or deceased.

What happens if a father refuses to give property to his daughter?

If a father refuses, a daughter can file a partition suit or claim her share legally in the ancestral property through the court.

Who is the first legal heir of father's property?

The Class I heirs—which include the wife, sons, and daughters—are the first legal heirs to inherit a father’s property under Hindu law.

What are the legal rights of a daughter in a father's property?

A daughter has equal birthright in ancestral property and the same rights and liabilities as a son, including the right to seek partition and inheritance.

Can I claim property after 12 years?

Generally, no, property claims after 12 years are barred by limitation, unless special circumstances or continuous possession issues apply.

Can a father sell property without the consent of his daughter?

A father can sell self-acquired property without consent, but cannot sell ancestral property without the consent of all legal heirs, including daughters.

What is the limitation period of property claims?

The limitation period for claiming rights in immovable property is 12 years from the date of possession or denial of rights.

What are the legal rights of a daughter in a father's property?

A daughter has equal birthright in ancestral property and the same rights and liabilities as a son, including the right to seek partition and inheritance.

Can I claim property after 12 years?

Generally, no, property claims after 12 years are barred by limitation, unless special circumstances or continuous possession issues apply.

Can a father sell property without the consent of his daughter?

A father can sell self-acquired property without consent, but cannot sell ancestral property without the consent of all legal heirs, including daughters.

What is the limitation period of property claims?

The limitation period for claiming rights in immovable property is 12 years from the date of possession or denial of rights.

What are the legal rights of a daughter in a father's property?

A daughter has equal birthright in ancestral property and the same rights and liabilities as a son, including the right to seek partition and inheritance.

Can I claim property after 12 years?

Generally, no, property claims after 12 years are barred by limitation, unless special circumstances or continuous possession issues apply.

Can a father sell property without the consent of his daughter?

A father can sell self-acquired property without consent, but cannot sell ancestral property without the consent of all legal heirs, including daughters.

What is the limitation period of property claims?

The limitation period for claiming rights in immovable property is 12 years from the date of possession or denial of rights.

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When Can A Daughter Not Claim Her Father's Property? | Inheritance & Property Law

Pragya Pathak

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Updated: 08-10-2025 at 9:20 AM

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Have you ever thought about instances when a daughter cannot claim her father’s property? The inheritance rules are peculiar, and they are not always fair to women. Today, we will tell you when daughters cannot claim their rights to their father’s ancestral property.

Read the article to learn all the relevant details of property rights, answers to questions like ‘Can daughter claim father's property after 12 years?’, more specifically married daughters right in father's property.

Overview

The table below summarises some key details about the new law for daughter in father property that one should know.

Laws concerning	Daughters’ Inheritance Rights in India
Can daughter claim father's property when father is alive?	No, if the father is alive, then he has the full right to his property.
Can married daughter claim father's property in India?	Yes, they can.
Can daughter claim father's property after 20 years? Or Can a daughter claim father's property after 40 years?	Yes, daughters can, unless the property has been legally transferred.

What Is A Property Will?

As the name suggests, a property will is a legally binding document that ensures the transfer of property after the will drawer’s demise. An individual who is mentally and physically sound can draw a will after attaining the legal age of 18.

What The Supreme Court Has To Say About Daughters’ Inheritance Rights In India?

Under the Hindu Succession (Amendment) Act of 2005, daughters could claim their share only if the father had died after September 9, 2005. However, the recent Supreme Court (SC) judgement has clarified that daughters have equal rights to their father’s ancestral property irrespective of the year of death of the father.

When Can A Daughter Cannot Claim Father's Property?

Here are some of the provisions where a daughter can’t claim her father’s property:

Self-Acquired Property And Inheritance Rights

In India, there are certain conditions under which it may be difficult for women to exercise their daughters’ right to their fathers’ property. If the father has acquired the property himself, i.e. he has acquired it from his resources and not from the ancestral property, etc., then the daughter's claim becomes weak.

According to the Hindu Succession (Amendment) Act of 2005, the father can distribute or bequeath his property to anyone during his lifetime. However, in contrast, daughters do not automatically have the right to an equal share alongside sons in this self-acquired wealth, unlike their right to a 50 per cent bequest from ancestral property.

Prior Transfers Of Property

A daughter cannot access her father’s assets if he has transferred the assets before his death. So if the father has given or sold the property to a family member, such as his son or spouse, during his lifetime, the daughter has no right of ownership to the property acquired by the father himself.

Agricultural Land Inheritance

Often, daughters encounter difficulties attempting to claim inheritance rights to their father’s agricultural land. The issue is complex because inheritance laws differ from one state to another.

Judicial Interpretation

Some of the landmark cases and judgments that support the Hindu Succession (Amendment) Act, 2005:

Rakesh Sharma vs. Vineeta Sharma: This case answers the question ‘Can daughter claim father’s property when father is alive in India?’ and makes it clear that daughters, regardless of whether their father was still alive when the 2005 amendment went into effect, have the same rights regarding ancestral property as sons. The court determined that the amendment is retroactive, thereby bestowing coparcenary rights upon daughters at birth.
In Lokmani v. Mahadevamma, the court decided that the 2005 amendment, which had granted daughters the right to coparcenary property since 1956, had a retrospective effect. Oral partition deeds that are not registered are not included in it.
In Balchandra v. Smt. Poonam, the issue arose as to whether a daughter could inherit her father's coparceny property share if the father passed away before the 2005 amendment took effect. The court maintained that, even in cases where the father passes away, daughters are coparceners by birth.

Recent Judgement On Daughters’ Inheritance Rights In India

The Supreme Court passed a judgement in 2022 that clearly states that women can exercise their daughters’ right to their fathers’ property if the will is missing or there is no other legal heir. Also, if the woman dies without writing a will, the property will be equally distributed among her legal heirs.

Conclusion

Although daughters generally have the same rights to their father’s estate as sons under Indian laws, such as the Hindu Succession (Amendment) Act of 2005, there are situations where a daughter cannot successfully claim her equal share. The Supreme Court has addressed questions like ‘Can daughter claim father's property after 20 years?’ and has also ruled that a father can give his self-acquired property to only one of the daughters and leave the others out, as “a father knows best what would resonate with the children”.

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