Hindu succession act 2005 clarification

Dear Sir,

Validity of Partition Among Only Male Members (Excluding Daughters) After 2005
Legal Position:

After 2005, daughters are coparceners in their own right, equal to sons, in ancestral (HUF) property under Mitakshara law.

In the Vineeta Sharma judgment (2020), the SC clarified that daughters have a birthright in ancestral property, irrespective of whether the father was alive or not on the date of the 2005 amendment.

Therefore, any partition deed executed after 9 September 2005 excluding the daughters is legally invalid unless:

The daughters expressly gave up their share through a registered release/relinquishment/gift deed or

There was a genuine family settlement agreed to with the knowledge and consent of the daughters.

Dear Client,
After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status, were given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. In the case of Suman Surpur & Others vs. Amar (2018), it was held by the Supreme Court that this amendment had a retrospective effect concerning partition suits filed before its enforcement. Further, in the case of Vineeta Sharma and Rakesh Sharma & Others (2020), the Supreme Court determined that daughters have coparcenary rights in their father’s property since birth, irrespective of the fact whether their father expired before the 2005 modification to the Hindu Succession Act. The court stated that this amendment only intended to clarify, and it did not deprive any previously vested rights. So, the coparcener daughters have legal rights over the properties held by the deceased father received through an earlier partition. Given the proposition of relevant law and the averments of the Apex Court, daughters can raise their claim in the said property by filing a civil suit before the jurisdictional Court. So, it is advisable to consult with an experienced property Lawyer for tailored advice and steps to navigate the issue in the right way.