What are a daughter's coparcenary rights under Section 6 of the Hindu Succession Act?

Question

I am a daughter and my father recently passed away leaving ancestral property. Do I have equal coparcenary rights as my brothers under Section 6? What I am unsure about is the procedure — where the application goes, what it costs, and how long section 6 hindu succession act matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to section 6 hindu succession act here is Hindu Succession Act 1956, Section 6, Hindu Succession (Amendment) Act 2005 and Hindu Succession Act 1956, Section 8. The detail below matters, because Hindu Succession Act 1956, Section 6 draws the line differently depending on what your documents show.

Section 6 of the Hindu Succession Act 1956, as amended in 2005, declares that a daughter becomes a coparcener by birth in the joint Hindu family property in the same manner as a son.

The Supreme Court in Vineeta Sharma v Rakesh Sharma held that a daughter's coparcenary right is by birth and does not depend on whether her father was alive on the date the 2005 amendment came into force.

As a coparcener, a daughter has the same rights and liabilities as a son, including the right to seek partition of the ancestral property and to become a karta of the joint family in appropriate circumstances.

If the father dies intestate holding self-acquired property, it devolves under Section 8 among Class I heirs including sons and daughters equally, separately from coparcenary rights in ancestral property.

Any partition of coparcenary property effected before December 20, 2004 through a registered partition deed or a court decree remains unaffected by the daughter's enlarged coparcenary rights.

What to do next: 1) Establish that the property in question is ancestral coparcenary property and not the father's separate self-acquired asset; 2) Collect the family tree, property records and prior partition documents, if any; 3) Send a notice to co-owners asserting your coparcenary share and seeking amicable partition; 4) File a partition suit before the civil court if the family does not agree to divide the property.

If you are unsure whether your facts fall inside Hindu Succession Act 1956, Section 6, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.