In a Hindu Undivided Family, several legal heirs through generations can exist jointly. Traditionally, only male descendants of a common ancestor along with their mothers, wives and unmarried daughters are considered a joint Hindu family. The legal heirs hold the family property jointly.
Women were recognised as coparceners or joint legal heirs for partition arising from 2005. Section 6 of the Act was amended that year to make a daughter of a coparcener also a coparcener by birth “in her own right in the same manner as the son”. The law also gave the daughter the same rights and liabilities “in the coparcenary property as she would have had if she had been a son”.
The law applies to ancestral property and to intestate succession in personal property — where succession happens as per law and not through a will.
The 174th Law Commission Report had also recommended this reform in Hindu succession law. Even before the 2005 amendment, Andhra Pradesh, Karnataka, Maharashtra and Tamil Nadu had made this change in the law, and Kerala had abolished the Hindu Joint Family System in 1975.