As families celebrated Raksha Bandhan 2026 on August 28, a common question around family property is whether a sister has the same legal rights as her brother in ancestral property.
Hindu Succession Act, 2005 amendment: What changed for daughters?
For Hindus, a daughter is a coparcener by birth, with the same rights and liabilities in coparcenary property as a son. The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession Act, 1956, to give daughters equal rights in coparcenary property.
The Supreme Court settled the issue in its landmark 2020 judgment, holding that a daughter becomes a coparcener by birth and that the father need not have been alive when the 2005 amendment came into force for her to claim her rights. The court also clarified that a daughter does not lose her coparcenary rights merely because she was born before the amendment or because she is married.
However, the term ‘ancestral property’ needs to be used carefully. Not every property inherited from a father or grandfather automatically qualifies as coparcenary property. Whether a daughter has a birthright depends on how the property was acquired, inherited, or partitioned, and on the nature of the title, say legal experts.
A valid Will can also change how a person’s property is distributed after their death. If the property is self-acquired and the owner has left a valid Will, the testamentary wishes generally govern its distribution, subject to applicable law, legal experts say.
Also Read: Raksha Bandhan: Can a brother gift property to his sister? Know the tax rules
Daughters’ rights in ancestral property: What Hindu, Muslim and Christian laws say
Under the 2005 Amendment to the Hindu Succession Act, daughters are coparceners (legal heirs) by birth, and when a parent dies intestate (without a will), a daughter receives the same share in undivided ancestral property as a son. However, in practice, elders of Hindu families prefer to distribute their assets during their lifetime, at appropriate stages such as marriage and distribute their estate by Will, Gift Deed, accordingly, to avoid disputes amongst siblings, and distribute residue at their terms by preparing a legally enforceable Will.” said Advocate Prakkash Rohira, founder, Chambers of Prakkash Rohira.
“While the Inheritance laws for Muslims are governed by the provisions of the Muslim Personal Law (Shariat) Application Act, 1973, a daughter is generally entitled to only half of what a son is entitled to. For Christians, the inheritance is as defined under the Indian Succession Act, 1925, where there is no differentiation on the rights of the legal heir as per gender,” explains Rohira.
