Yes, this was made possible by the amendment of the Hindu Succession Act, 1956 which originally didn’t give daughters equal rights to ancestral property. The government amended the law and removed the disparity on September 9, 2005 and established that now a daughter also would acquire ownership rights on the property from the time of her conception.
Thus, daughter has been made coparcener like sons and now she has the same rights of partition and power to deal with the property as she pleases. Like any coparcener she can seek a partition and sale of the family home as well as long as these are ancestral properties or joint family properties.
Now, daughter becomes a coparcener in a Hindu Coparcenary and has the same rights in the Coparcenary property as she would have had if she had been a son. However, whereas the amendment vested her with the right on the ancestral property, it also asks her to fulfill the obligations as it puts similar liabilities that it puts to sons.
The Amendment has retrospective effect
The established law is that the amended section 6 of the Hindu Succession Act applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force.
Thus, section 6 of Hindu Succession Act, 1956 which was amended by the Amendment Act of 2005 has retroactive effect and do not and cannot impinge upon or curtail or restrict the rights of daughters born prior to 9 September 2005. Now, there is a complete parity in terms of rights and there is no disparity between son and daughter when it comes to inheritance in ancestral property.
What are the legal rights of a married daughter over ancestral property seven years after her parents’ death?’
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.
The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed. So, as a legal heir, you can file a suit in the court to enforce your right to the property even after seven years of your parents’ death.