Daughters cannot claim share in father’s property if key condition not met, rules High Court
The Chhattisgarh High Court has ruled that a daughter cannot claim a share in her father’s property if the “succession” (i.e., the father’s death and opening of his estate) occurred before the Hindu Succession Act, 1956 (HSA) came into force. In such cases, the inheritance rights are governed by the traditional Mitakshara law — under which a daughter is eligible only if there is no surviving son.
To make sense of this ruling, it is important to understand the legal background and clearly identify the “key condition” which the Court has emphasised.
What is the key condition?
The key condition is that the father (or the person whose succession is in question) must have died — and the succession must have opened — after the Hindu Succession Act, 1956 (HSA) came into effect for the daughter’s equal inheritance rights to apply. If the succession opened before the HSA came into effect, then the older Mitakshara rules apply and a daughter may be excluded if a male heir (son) exists.
In simpler terms:
- If a father died **before** 17 June 1956 (the date HSA commenced) then his estate follows pre-HSA norms and a daughter may not have an automatic inheritance share if a son survives.
- If the father died **after** HSA, then the modern law applies — daughters have share rights equal to sons (subject to other conditions of the Act and amendments). 6
What the Court actually held
| Issue | Court’s Finding |
|---|---|
| Succession opened before HSA | Mitakshara law applies; daughter only inherits if no male heir present. |
| Succession opened after HSA | Daughter has equal share rights under section 6 and related provisions of HSA (and its amendments). |
In the case before the Chhattisgarh High Court, the father had died around 1950-51 and the property succession opened before 1956. Since a son was alive, the daughter was not granted a share. 9
Why does this matter for daughters?
- Under the modern HSA regime (post-1956 and especially after the 2005 amendment), daughters are treated equally with sons for inheritance rights in ancestral and self-acquired property in many cases.
- But the commencement date of the Act and the timing of succession are critical thresholds — if the succession predates the Act, older law triggers which may restrict a daughter’s share.
- It emphasises that legal rights in inheritance are highly dependent on timing, nature of property (ancestral vs self-acquired), the school of law (Mitakshara vs Dayabhaga) and whether partition occurred.
What should families and daughters do?
Here are practical takeaways:
- Check when the father died and when the succession opened — if it is before the HSA, older rules may apply.
- Confirm which school of law applies (Mitakshara, Dayabhaga) — this may affect inheritance rights.
- If succession opened after HSA but partition or other special conditions applied, evaluate if daughter’s rights are fully established.
- Consider making a will or executing a partition deed to clarify rights and avoid disputes — especially if property is self-acquired.
Investor or Legal Practitioner takeaway
Indian-Share-Tips.com Nifty Expert Gulshan Khera, CFP®, who is also a SEBI Regd Investment Adviser, notes that while the modern inheritance laws have improved gender parity, timing and legacy rules still determine outcomes in many older property cases. Daughters facing claims must verify the critical condition of whether the succession opened post-1956. Families should proactively document rights and avoid assumptions of automatic entitlement. Discover more advisory-backed insights at Indian-Share-Tips.com, which is a SEBI Registered Advisory Services.
Related queries
- What is Mitakshara law and how does it affect daughters’ rights?
- Can daughters claim equal share in property if father died after 9 September 2005?
- How to convert self-acquired property into ancestral property for inheritance purposes?
SEBI Disclaimer: The information provided in this post is for informational purposes only and should not be construed as legal or investment advice. Readers must perform their own due diligence and consult a legal practitioner or registered investment adviser before making any decisions. The views expressed are general in nature and may not suit individual circumstances.
