Father can’t sign away daughter’s share in ancestral property: HC | Personal Finance
A father cannot legally give away his daughter’s share in ancestral property to her brother simply by signing a relinquishment deed, the Andhra Pradesh High Court has ruled, reaffirming that women have an independent legal right in coparcenary property under Hindu law.
The judgement is a reminder that many families continue to misunderstand inheritance laws. While a father is free to sell, gift or bequeath his self-acquired property, he cannot unilaterally surrender or transfer a daughter’s share in ancestral property because that right belongs to her by birth.
Legal experts say the ruling reinforces an important distinction between ancestral and self-acquired property, one that often lies at the heart of family disputes.
What did the High Court rule?
The Andhra Pradesh High Court held that if a father executes a relinquishment deed in favour of his son, it can operate only to the extent of the father’s own undivided share in ancestral property. It cannot extinguish or reduce the independent rights of other coparceners, including daughters.
In other words, a person cannot relinquish rights that legally belong to someone else.
The ruling arose from a family dispute in which daughters challenged a relinquishment deed executed by their father that sought to exclude them from ancestral property. The court held that such a deed cannot defeat their statutory right to seek partition and claim their lawful share.
Why this matters
The judgement comes more than two decades after the Hindu Succession (Amendment) Act, 2005 granted daughters the same coparcenary rights as sons.
“The biggest misconception is that the father is the absolute owner of every property standing in his name and can freely decide who gets it. That is true for self-acquired property, but not for genuine coparcenary property,” said Shashank Agarwal, Founder, Legum Solis.
He pointed out that the Supreme Court’s ruling in Vineeta Sharma v. Rakesh Sharma clarified that daughters become coparceners by birth, irrespective of whether their father was alive when the 2005 amendment came into force.
Kiran Devrani, advocate, Delhi High Court, said another common misconception is that a married woman loses her rights in her father’s ancestral property.
“Marriage has no bearing on a daughter’s coparcenary rights. A father can deal only with his own undivided share and cannot surrender the share that legally belongs to his daughter,” she said.
Ancestral property is not the same as inherited property
Experts caution that not every property inherited from parents or grandparents automatically becomes ancestral property.
“The nature of the property depends on how it was acquired and its title history, not merely because it has remained within a family for generations,” said Madhura Samant, Founder, Elarra Law Offices.
She said families should examine original title deeds, previous conveyances, wills, succession records, partition deeds and family settlements before assuming that someone has a legal share.
Anjali Jhawar, advocate at D.M. Harish & Co. LLP, said checking the chain of title documents, including purchase deeds, revenue records, wills and family settlement documents, is essential to determine whether a property is ancestral or self-acquired.
She added that if a formal partition has already taken place through a registered partition deed or court decree, the share received by each coparcener generally becomes that person’s self-acquired property.
Jhawar also pointed to a recent Bombay High Court ruling, which held that there is no legal presumption that every property held by a Hindu family is joint family or HUF property. The burden of proving that a property belongs to a Hindu Undivided Family rests on the person making that claim.
What can a daughter do if she is excluded?
If a father signs a relinquishment deed excluding a daughter from ancestral property, experts say she has several legal remedies.
According to Agarwal, she can:
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Challenge the relinquishment deed before a civil court. -
Seek a declaration that the deed is not binding on her share. -
File a suit for partition and separate possession. -
Seek interim relief to prevent further sale or transfer of the property.
As a first step, he advised obtaining a certified copy of the relinquishment deed, collecting title and revenue records, issuing a legal notice and initiating legal proceedings without unnecessary delay.
Devrani said limitation periods vary depending on the relief sought. While a suit seeking cancellation of a deed is generally subject to a three-year limitation from the date the person becomes aware of the transaction, a partition suit may have a longer limitation period depending on the facts. She advised affected daughters to seek legal advice promptly rather than delay action.
How families can avoid future disputes
Property litigation often begins because families assume one person can decide everyone’s rights without verifying ownership.
Shaurya M. Tomar, senior partner at Chugh Universal Legal, said the first step before signing a relinquishment deed, gift deed or family settlement is to determine whether the property is ancestral or self-acquired.
He advised families to conduct proper title due diligence, verify the chain of ownership and ensure that everyone with a legal interest is made a party to the transaction.
Tushar Kumar, advocate at Delhi High Court, echoed that view, saying independent legal advice, careful title verification and proper registration of documents are essential safeguards. These steps significantly reduce the risk of future disputes over authority, ownership and inheritance.
The Andhra Pradesh High Court’s ruling reinforces a principle that many families overlook, while a father may dispose of his own share or self-acquired assets, he cannot sign away a daughter’s legal share in ancestral property. Understanding the nature of the property before executing any family arrangement could help prevent years of costly litigation.
