Equal Share in Ancestral Property

Introduction: Why Equality in Inheritance Matters

Property isn’t just land—it’s legacy, identity, and stability. For decades, Indian families have passed down ancestral wealth largely to male heirs, often sidelining daughters and other legal claimants. But the law no longer allows discrimination.

With the changes introduced by the Hindu Succession (Amendment) Act, 2005, sons and daughters now have equal rights in ancestral property. Whether you are a married daughter or an unmarried son, your right is protected.

This blog will help you understand what ancestral property is, who has a share, and how to legally claim your rightful part.

What Is Ancestral Property?

Ancestral property is property inherited up to four generations of male lineage without any division. In simple terms:

• The property should have been passed down from great-grandfather → grandfather → father → you.
• It must not have been divided or sold in between generations.
• Once divided, it becomes self-acquired property of the heirs.

So, if your grandfather or great-grandfather owned property and it remained undivided till your father, then you have a birthright in it—whether you are a son or a daughter.

How Ancestral Property Is Inherited in India

Inheritance of ancestral property happens through the concept of coparcenary under Hindu law. Coparceners are those who have the legal right to demand a share in the property.

• Earlier, only male members were considered coparceners.
• But after the 2005 amendment, daughters are also included as coparceners by birth.

This means every son and daughter in a Hindu Undivided Family (HUF) gets an automatic and equal share in ancestral property from the moment they are born.

This right exists even if the daughter is married, divorced, or living separately. The family cannot deny this right by custom or oral agreement.

Equal Rights Under the Hindu Succession Act 2005

The landmark Hindu Succession (Amendment) Act, 2005 revolutionized inheritance law in India:

• Daughters became coparceners by birth, just like sons.
• They can now demand partition of ancestral property.
• They can gift or sell their share after legal possession.
• They can also become the Karta (manager) of the HUF if they are the senior-most member.

This amendment applies to Hindus, Buddhists, Jains, and Sikhs—but not to Muslims, Christians, Parsis, or Jews, who have separate personal laws.

Also, even if the father died before 2005, daughters still have a claim—as clarified by the Supreme Court in 2020 (Vineeta Sharma v. Rakesh Sharma).

Who Has the Right to Ancestral Property?

According to Hindu succession law, the following individuals are eligible to claim a share in ancestral property:

• All sons and daughters (whether married or unmarried)
• Widows of coparceners (in case the coparcener dies)
• Grandsons and granddaughters (as per their father’s share)
• Legal heirs of a deceased coparcener

Once a person becomes a coparcener by birth, they do not need to wait for the death of the father or any other member to claim their right. Their share exists from the moment they are born into the Hindu Undivided Family (HUF).

If the property was never divided, and has come down undivided through at least four generations, then you qualify to claim a portion of it—regardless of gender or marital status.

How Property Is Divided Among Heirs

In an undivided Hindu family, property division happens based on the number of living coparceners and legal heirs of deceased ones.

Here’s how the division is typically calculated:

• Each living coparcener (son, daughter, father) gets an equal share
• If a coparcener has passed away, their legal heirs (e.g., widow, children) take their portion
• The property is divided as per the rules of succession and family tree

For example, if a man has one son and two daughters, each child will receive an equal 1/3rd share. If he is also a coparcener of his father’s property, his children can inherit his share after his death.

This equal division is mandated under the 2005 amendment, and any discriminatory custom or oral family arrangement has no legal validity.

Can a Daughter Claim Equal Share After Marriage?

Yes, absolutely. A daughter’s right in ancestral property is not affected by her marital status. Once she is born into the family, she becomes a coparcener and retains that right for life.

Here’s what married daughters can legally do:

• File a partition suit to claim her share in ancestral property
• Challenge any will or sale that excludes her unfairly
• Gift or sell her share after legal possession
• Become the Karta of the Hindu Undivided Family, if she is the senior-most coparcener

Many women are told by family members that “you’re married, so you don’t have a right.” This is false and legally incorrect. Daughters are equal in law, regardless of what tradition says.

Legal Steps to Claim Your Share

If your rightful share is being denied, you can follow these legal steps to assert your coparcenary rights:

This process may take time, but it ensures that your legal birthright is secured for you and future generations.

Real-Life Examples and Court Cases

One of the most powerful judgments that strengthened a daughter’s equal share in ancestral property came in the Vineeta Sharma v. Rakesh Sharma (2020) case. The Supreme Court ruled that:

“A daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not at the time of the amendment.”

This settled years of confusion and opened the legal doors for thousands of daughters who were earlier denied their rights based on outdated interpretations.

Real Case: In Gujarat, a married daughter approached the High Court after her brothers refused to give her share in ancestral land. The court upheld her right and passed a decree ordering equal partition. This shows how the law actively protects rightful claims—even if the daughter is married, living elsewhere, or estranged from the family.

Court after court has reiterated that the 2005 amendment is a step toward gender justice, and any denial of rights can be legally challenged and reversed.

Common Disputes and Their Legal Resolution

Despite clear laws, ancestral property often becomes a source of bitter family disputes. Here are some common issues—and how the courts handle them:

• Oral Family Settlements: Legally invalid unless registered and agreed upon by all parties
• Forged Wills: Can be challenged in court and tested for authenticity
• Property Sold Without Consent: Can be revoked if coparcener’s rights were ignored
• Pressure Tactics on Married Daughters: Courts view emotional blackmail as unjust denial of rights
• Misuse of Custodianship: If one heir holds documents, others can file for production under law

The judiciary is aware of these tactics and offers remedies. The key is to act legally and in time.

Conclusion: Take What Is Rightfully Yours

Your share in ancestral property is not a favor—it is your legal right by birth. Whether you are a daughter or a son, the law places you on equal footing.

Don’t be silenced by outdated customs or family pressure. If your ancestors earned that land, you have every right to inherit it—regardless of your gender, location, or marital status.

It’s not just about property. It’s about dignity, equality, and financial security. And the law stands firmly with you.

Explore Our Related Legal Blogs

These guides will help you understand the full landscape of your rights:

• Married Daughter Property Inheritance Rights
• Equal Share in Ancestral Property
• Married Daughter Coparcenary Rights in India
• Ancient vs Self-Acquired Property – Married Daughter Rights
• Section 6 Hindu Succession Act Married Daughter
• Main Blog: Daughter’s Right in Father Property

We’re With You: Advocate Ace Legal Support Across Gujarat

No matter which city you live in—justice is just a step away. Our expert legal teams are ready to assist you in:

• Inheritance Lawyers in Anand
• Women’s Rights Lawyers in Valsad
• Coparcenary Disputes in Gandhidham
• Ancestral Property Cases Bharuch
• Legal Support Vadodara