Delhi HC Ruling: Daughter’s Coparcenary Rights Persist Despite Father’s Prior Settlement

In a significant development for property law and family succession, the Delhi High Court has reaffirmed the independent nature of a daughter’s rights within a Hindu Undivided Family (HUF). The Division Bench ruled that a daughter’s claim to a share in family property, based on her statutory rights as a coparcener under the Hindu Succession Act, 1956 (as amended in 2005), is not automatically extinguished merely because her father signed a settlement or compromise decree years earlier. The court dismissed an appeal seeking the rejection of a partition suit at the threshold. The appellants had argued that a 2006 compromise decree between the father and other family branches had already settled the matter. However, the High Court observed that the daughter was not a party to that settlement (having been a minor at the time) and therefore, her independent right to seek partition constitutes a triable issue that cannot be summarily dismissed. Why This Matters: For families and legal practitioners, this judgment serves as a critical reminder that statutory coparcenary rights are robust and distinct. A parent’s prior agreement does not necessarily bind the next generation if those heirs were not signatories or parties to the original decree. This opens the door for valid claims in cases where family assets were purportedly "settled" without the consent of all coparceners. Reference link: https://lawtrend.in/daughter-can-claim-share-in-family-property-even-if-father-signed-a-settlement-years-ago-delhi-high-court/