Suit for Declaration of Daughter Coparcenary Right

The right of a daughter to be a coparcener in a Hindu joint family is governed by the Hindu Succession Act, 1956, as amended in 2005. The amendment inserted Section 6, which provides that a daughter of a coparcener becomes a coparcener by birth in her own right in the same manner as a son. This applies to daughters born before or after the amendment, provided the partition of the property had not taken place before 20 December 2004. No reported decision was found on this point, but the statutory provision is clear and has been widely applied by courts across India.

The suit for Declaration of Daughter Coparcenary Right is filed in the civil court of competent jurisdiction, typically the court of the Civil Judge (Senior Division) or the District Court, depending on the value of the property. The relevant government department is the District Court or High Court under the respective State's judiciary. You can access case status and cause lists through the e-Courts portal at https://ecourts.gov.in.

The process begins with filing a plaint in the civil court, accompanied by the prescribed court fee. The plaint must describe the ancestral property, the relationship of the parties, and the denial of the daughter's share. After filing, the court issues summons to the defendants (usually other coparceners). The defendants file their written statement. The court then frames issues, records evidence, and hears arguments. If the court is satisfied, it passes a decree declaring the daughter's coparcenary right and directing partition of the property. A Property Dispute Lawyer can draft the plaint and represent you throughout this process.

The primary document is the plaint, which must be drafted in the format prescribed by the Civil Procedure Code, 1908. The plaint should include:

• Description of the ancestral property (schedule of property)
• Genealogical table showing the joint family
• Details of the daughter's birth and relationship to the coparcener
• Statement that no partition has taken place before 20 December 2004
• Valuation of the suit for court fee purposes
• Prayer for declaration and partition

Other documents include the vakalatnama (authorizing the advocate), affidavits in support of the plaint, and any documentary evidence such as property records, birth certificates, and family tree.

To file a suit for Declaration of Daughter Coparcenary Right, you must be a daughter of a coparcener in a Hindu joint family governed by Mitakshara law. The daughter can be married or unmarried. The right applies to daughters born before or after the 2005 amendment, provided the partition of the joint family property had not taken place before 20 December 2004. If a partition was effected before that date, the daughter may not be entitled to claim a share in that particular partition, but she may still have rights in any property that remained joint.

The timeline for a suit for Declaration of Daughter Coparcenary Right depends on the court's docket, the complexity of the case, and the cooperation of the parties. The procedural stages include filing of the plaint, service of summons, filing of written statement, framing of issues, evidence (examination-in-chief and cross-examination), arguments, and judgment. No specific time estimate can be given as each case is unique. A Property Dispute Lawyer can provide a realistic assessment after reviewing your case.

The court fee for a suit for declaration and partition is calculated based on the value of the property. The fee is governed by the Court Fees Act, 1870, and varies by state. Below is an illustrative table of court fees for a suit valued at ₹10,00,000 under the Bombay Court Fees Act, 1959 (for reference only):

Note: Actual fees depend on the state and the value of the property. Consult a Property Dispute Lawyer for accurate calculation.