After the 2005 Amendment of Hindu Succession Act, Daughters regardless of their marriage became the equal sharer with sons in HUF (Hindu Undivided Family) property or ancestral property of father by virtue of their birth. Father can testate (will) his whole self-acquired property but cannot testate his whole ancestral or HUF property without daughters.

Ancestral property is the “one which is inherited up to four generations of male lineage and should have remained undivided throughout this period”. HUF property is the one which is jointly held by the members of the HUF.

If a father testates his ancestral or HUF property without giving the right to the daughter then the daughter can challenge that will and can claim her right in that HUF or ancestral property even during the life of father or after his death. However, if the will is about the self- acquired property of the father then, the daughter cannot challenge that will.

Before 2005, daughters cannot challenge the will if their father testates or includes the whole ancestral or HUF property in will.

So, we can say that the daughter cannot challenge the will of self- acquired property but can challenge the will of ancestral property if her right gets affected by that will.

In the case of Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira and Ors. MANU/SC/1257/2019 the Hon’ble Supreme Court adjudicated on whether succession to property of Goan situate outside Goa in India would be governed by Portuguese Civil Code, 1867 as applicable in State of Goa or Indian succession Act, 1925.

“We are clearly of the view that the Portuguese Civil Code being a special Act, applicable only to the domiciles of Goa, will be applicable to the Goan domiciles in respect to all the properties wherever they be situated in India whether within Goa or outside Goa and Section 5 of the Indian Succession Act or the laws of succession would not be applicable to such Goan domiciles.”