Supreme Court Ruling on Daughter's Rights to Father's Property

The Supreme Court has ruled that a daughter who chooses not to maintain a relationship with her father forfeits her rights to his property. This decision arose during a divorce case, emphasizing that a daughter cannot demand financial support from her father if she refuses to engage with him. The court also addressed the husband's obligation to provide alimony to his wife and clarified the conditions under which a daughter may inherit property. This ruling sheds light on the complexities of familial relationships and property rights in India, making it essential for individuals to understand their legal standings.

By Narendra Chaudhary May 1, 2026, 09:55 IST

Supreme Court's Landmark Decision

A daughter who chooses not to maintain a relationship with her father forfeits her rights to his property. This ruling was established by the Supreme Court during the hearing of a divorce case involving a married couple.

Case Overview

In this case, the husband filed a petition regarding his marital rights, which was dismissed by the Punjab and Haryana High Court. Subsequently, he approached the Supreme Court seeking a divorce. Mediation attempts at the Supreme Court's center failed to reconcile the relationships between the husband, wife, and daughter. The daughter, who has lived with her mother since birth, is now 20 years old and has refused to see her father.

The bench, comprising Justices M.M. Sundresh and Sanjay Kishan Kaul, stated that since the daughter is 20, she is free to make her own decisions. If she does not wish to maintain a relationship with her father, she is not entitled to any financial support from him, including for education or marriage.

Husband's Obligation for Alimony

During the proceedings, the bench noted that the wife lacks financial resources and is living with her brother, who supports both her and her daughter. Therefore, the husband is responsible for providing permanent alimony to his wife. Currently, he is required to pay her ₹8,000 per month or alternatively, he can opt to give her a lump sum of ₹10 lakh.

Mother's Support for Daughter

The Supreme Court also mentioned that the mother can assist her daughter financially. If she chooses to support her daughter, she can allocate the funds received from her husband to her daughter.

To further understand daughters' rights, we spoke with Advocate Sachin Nayak, who addressed several pertinent questions.

Question: When is a daughter capable of making her own decisions?
Answer: Both sons and daughters are free to make their own decisions once they reach adulthood.

Question: Can a father sever ties with his daughter?
Answer: According to Indian law, a father cannot terminate his relationship with his daughter. However, there are instances where a father may neglect his responsibilities towards her, which can lead to legal action under Section 125 of the CrPC.

Question: If a father verbally states he has no relationship with his daughter, does she lose her rights to his property?
Answer: A father cannot unilaterally end the relationship; only the daughter can do so. Even if a father claims to sever ties, he is still obligated to provide financial support to his daughter, and she retains her rights to his property.

Question: Under what circumstances does a daughter not inherit property?
Answer: A daughter has no claim to her father's property in only two situations:

First, if the father has excluded her from his will and bequeathed his entire estate to sons, daughters-in-law, grandchildren, friends, or institutions.

Second, if there is a court record indicating that the relationship between the daughter and father has been severed.

Question: What happens if a father dies without a will?
Answer: In this case, both the son and daughter will inherit equal shares of the father's property.

Question: If a daughter was born before 2005 and the father has passed away, what are her rights?
Answer: The Hindu Succession Act was amended on September 9, 2005, granting daughters equal rights to their father's property, regardless of their birth date. Thus, a daughter has full rights to her father's property, whether ancestral or self-acquired.

It is important to note that the date of a daughter's birth does not affect her rights to her father's property, but she can only claim it if her father was alive on September 9, 2005. If he passed away before this date, she would not have rights to ancestral property.

Understanding Ancestral Property

Ancestral property refers to assets inherited from grandparents or great-grandparents and must be at least four generations old without any division in the family. Both sons and daughters have equal rights to ancestral property, which can also be referred to as inherited property. However, not all inherited property is ancestral. The Hindu Succession Act of 1956 discusses ancestral property in Sections 4, 8, and 19. If property is divided, it ceases to be ancestral and becomes self-acquired, allowing parents to disinherit their children.