Hindu Succession Act — Women's Property Rights and Coparcenary

The Hindu Succession Act 1956, as amended by the Hindu Succession (Amendment) Act 2005, governs inheritance of property for Hindus, Buddhists, Jains and Sikhs in India. The landmark 2005 amendment gave daughters equal coparcenary rights in Hindu Undivided Family (HUF) ancestral property — a fundamental change to inheritance law. Here is the complete guide.

The 2005 Amendment — Daughters as Coparceners

• The 2005 amendment to Section 6 made daughters coparceners by birth in a Hindu Undivided Family — same as sons
• A daughter has the same rights to claim a share in the ancestral/HUF property as a son
• The daughter's right is by birth — she does not need to be unmarried or living in the family home
• Supreme Court (Vinita Sharma vs Rakesh Sharma, 2020) confirmed: The 2005 amendment applies retroactively — even if the father died before 2005, the daughter is entitled to her coparcenary share

Intestate Succession — Who Inherits Without a Will?

If a Hindu male dies without a Will (intestate):

• Class I heirs (equal share): Sons, daughters, widow, mother, sons and daughters of predeceased son/daughter — all Class I heirs inherit simultaneously in equal shares
• Class II heirs: Father, siblings and their children — inherit only if there are no Class I heirs
• Agnates, Cognates: Distant relatives — inherit only if there are no Class I or Class II heirs

If a Hindu female dies intestate:

• Self-acquired property goes to: Children and husband first (equal shares); then husband's heirs; then her parents
• Property inherited from parents: Goes back to father's heirs if no children or husband survive

Self-Acquired Property — Can Be Willed to Anyone

• A person can make a Will for self-acquired property — giving it to whoever they wish (including only one child, or a third party)
• Self-acquired property is NOT subject to coparcenary rights — only ancestral/HUF property is
• A valid Will overrides the Hindu Succession Act for self-acquired property — making Will drafting critical for succession planning

Conclusion

The Hindu Succession Act — particularly after the 2005 amendment — gives daughters equal inheritance rights in ancestral property, making proper succession planning through Wills and trust structures essential for business families. SPOTON provides succession advisory, HUF planning and estate planning services for families in Kerala. Contact us for expert legal and tax advisory services.