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The short answer
A daughter's right in her father's property in Odisha, for Hindu families, is equal to a son's. Since 9 September 2005 a daughter is a coparcener by birth in ancestral property, and the Supreme Court held in Vineeta Sharma (2020) that this applies even if the father died before 2005. If the father dies without a will, his self-acquired property is shared equally among his sons, daughters, widow and mother, and marriage does not affect a daughter's share.
Which law applies
A daughter's right in her father's property in Odisha depends first on the family's personal law. For Hindus, Buddhists, Jains and Sikhs it is the Hindu Succession Act, 1956 (HSA), as amended in 2005. The HSA does not apply to members of Scheduled Tribes unless the Central Government directs otherwise (Section 2(2)), so many tribal families in Odisha follow customary law. Muslim and Christian families follow different rules (see the planned guide on Muslim and Christian inheritance).
The answer also depends on the kind of property: ancestral (coparcenary) property, or property the father acquired himself.
Ancestral property: a daughter's share from birth
The Hindu Succession (Amendment) Act, 2005 rewrote Section 6 of the HSA with effect from 9 September 2005. A daughter of a coparcener is now a coparcener by birth in her own right, in the same way as a son. She has the same rights and liabilities in the coparcenary property, can ask for partition, and can dispose of her share.
In Vineeta Sharma v. Rakesh Sharma (11 August 2020), a three-judge bench of the Supreme Court settled the main questions:
- The right exists whether or not the father was alive on 9 September 2005. A daughter born before 2005 has the right too.
- A partition completed before 20 December 2004 is not reopened, but only a partition by a registered deed or a court decree counts. A claimed oral partition is accepted only in exceptional cases with public documents from that time.
- Pending suits and appeals have to be decided in line with the amended law.
Ancestral land in Odisha is usually property inherited from the father's father or earlier and still held jointly. Whether a particular plot is coparcenary property or the self-acquired property of one person depends on its history, so look at the Record of Rights, the sabik records and the old deeds.
The father's self-acquired property
A father can sell, gift or bequeath his self-acquired property as he wishes, so a daughter has no claim to it while he is alive and none against a valid will (see wills and probate in Odisha). If he dies without a will, Section 8 of the HSA gives the property to the Class I heirs. His sons, daughters, widow and mother each take an equal share, and the children of a predeceased son or daughter take that child's share. The guide to property division without a will works through examples.
Married daughter property rights
Marriage makes no difference. A married daughter is a coparcener and a Class I heir exactly as an unmarried daughter is. The 2005 amendment also removed the old Section 23, which restricted a daughter's right to seek partition of the family dwelling house, and omitted Section 4(2), so agricultural land in Odisha devolves under the HSA like any other property. Widowed, divorced and separated daughters have the same rights.
Women's own property and stridhan
- Absolute ownership. Under Section 14 of the HSA, property possessed by a Hindu woman is held by her as full owner, not as a limited owner.
- Stridhan. Gifts made to a woman before, at or after marriage, including jewellery and money, are her absolute property (stridhana). If held by her husband or in-laws, they hold it for her (see Pratibha Rani v. Suraj Kumar, 1985). Under Section 6 of the Dowry Prohibition Act, 1961, dowry received by anyone other than the woman must be transferred to her. Refusal to return it can be raised in matrimonial proceedings (see divorce in Odisha).
- A mother's property on her death without a will goes first to her sons, daughters (including the children of any predeceased child) and husband, under Section 15.
How a daughter can claim her share in Odisha
- Collect the documents. Current RoR from Bhulekh, old deeds, the father's death certificate, and a family tree. A legal heir certificate from the Tahasildar is often needed.
- Get your name recorded. Apply to the Tahasildar for mutation by succession so that the RoR shows all heirs, including daughters (see mutation in Odisha). Object if a mutation case omits you.
- Ask for partition by agreement. If the family agrees, a partition deed registered at the Sub-Registrar's office records each person's plots. Mutation then follows each share.
- File a partition suit in the Civil Court if the family refuses. The court decides the shares by a preliminary decree and divides the land by a final decree (see partition suits in Odisha).
- Challenge a sale of your share. If brothers have sold joint land without your consent, the buyer gets only the sellers' shares. Your remedy is usually a partition suit, sometimes with a declaration and injunction.
Relinquishment deeds and family pressure
Daughters are often asked to sign a relinquishment (release) deed giving up their share in favour of brothers. Such a deed must be registered to give up rights in land, and once registered it is difficult to undo unless there was fraud, coercion or misrepresentation. Read the deed and the schedule of plots before signing, and keep a copy. A daughter who simply did not claim her share for years has not lost it by that alone, but a co-sharer who has been openly excluded should act within the period of limitation, which for partition is generally 12 years from when she learns of the exclusion (Article 110, Limitation Act).
Compensation, tenancy and other money from the land
A daughter who is an heir shares in land acquisition compensation for family land on the same footing as sons. Raise any omission before the Collector apportions the amount (see land acquisition compensation).
If you cannot afford representation, see free legal aid in Odisha. Related work is described under family and succession and land and property.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ପୈତୃକ ସମ୍ପତ୍ତି | paitruka sampatti | ancestral (paternal) property |
| ସ୍ତ୍ରୀଧନ | stridhana | a woman's own property, such as gifts at marriage |
Frequently asked questions
Does a married daughter have a right in her father's property?
Yes. A married daughter is a coparcener in ancestral property and a Class I heir in her father's self-acquired property, with the same share as a son. Marriage makes no difference under the Hindu Succession Act.
What did the Vineeta Sharma judgment decide?
In 2020 the Supreme Court held that a daughter is a coparcener by birth under the amended Section 6, whether or not her father was alive on 9 September 2005. Partitions before 20 December 2004 stand only if made by registered deed or court decree.
What is a daughter's share in ancestral property?
The same as a son's. On partition, each coparcener takes an equal share. For example, where a father, one son and one daughter are the coparceners, each takes one-third, and the father's third passes to his heirs, including the daughter, on his death.
Can a father give his property only to his sons?
He can will or gift his self-acquired property as he chooses. He cannot defeat a daughter's share in coparcenary property by a will, though he can deal with his own undivided share.
Do daughters get a share in agricultural land in Odisha?
Yes. The 2005 amendment omitted Section 4(2) of the Hindu Succession Act, so agricultural land devolves under the Act like other property, and daughters inherit it equally.
Is there a time limit for a daughter to claim her share?
While the property is joint there is no fixed deadline, but if she has been excluded, a partition suit should generally be filed within 12 years of her knowing of the exclusion (Article 110, Limitation Act).
Official sources
- Hindu Succession Act, 1956 and Hindu Succession (Amendment) Act, 2005 (India Code)
- Supreme Court of India: Vineeta Sharma v. Rakesh Sharma (2020)
- Bhulekh: Odisha land records
- Odisha State Legal Services Authority
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.