Daughters have the same rights as sons with regards to coparcenary rights in HUF property. Coparcerers are those who share equal inheritance rights in an undivided property
Section 6 of the Hindu Succession Act, 1956, which deals with coparcener’s right in the HUF property, was amended in 2005 w.e.f September 9, 2005. With this amendment, daughters have been put at par with sons, as far as coparcenary rights in HUF property are concerned. Consequently, the daughter gets all the rights attached with coparcenary, including the right to ask for partition of the property and to become a Karta of the HUF.
Ancestral property is undivided property that has been received by the father from ancestors. The father cannot deny this property to his sons and daughters as they are in the same lineage.
The daughter has the right to an equal partition of the HUF property that is ancestral whether she is married or unmarried.
It has to be noted that a daughter will be subject to same liabilities as that of a son irrespecitve of her marital status.
If the daughter is no more, her children are entitield to her share in the property. If none of her children are alive, the grandchildren are entitield to her share.
Self-Acquired Property is property that the father or mother has acquired on their own. Here the father/mother has the right to gift the property to anyone. They can will it to anyone. Neither sons nor daughters can raise an objection.
If the father dies without leaving a will, all legal heirs will have an equal right to the property. Legal heirs include sons, daughters and widow.
Key Points to remember
Legally adopted children have equal rights over ancestral property of the adoptive parents. They do not have automatic rights over property of their biological parents. But biological parents can gift self-acquired property to them via a will.
A widowed mother (biological or adoptive) is entitled to inherit from her son provided she has not remarried.