Yes the daughter has equal right in the self acquired property of the father on his intestat death that is without will/

Yes ,married daughter can demand her equal share and can file a partition suit for her share in the property.

See the amendment gave right in ancestral property but right from beggining daughters had right in self acquired property since 1956.

 Yes daughter have equal rights. married or unmarried no effect of that daughter has right. Married daughter also have same equal right over the property.

1. As per the information mentioned in the present query, makes it clear that you are little confused about the law.
2. Amendemnt of 2005 in Succession Act was specifically with respect to the anscestral property.
3. And there is no law according to which marital status of the daughter may hinder her in acquiring her right in any of the two types of the property.
4. You should get the succession certificate from the court of civil law, and file a suit for equal share in the property along with your brother.

 The section 6 of the Hindu Succession Act was amended in 2005 and gave daughters equal co-parcenary rights to that of sons in joint hindu family property, commonly known as ancestral property.

However, there are two aspects of this. One is that the property to be claimed must be ancestral and not self acquired property of the father, i.e., property should have been devolved to father by way of inheritance and not be property self earned by the father. Secondly, there must not have been a partition of the joint hindu family before 20.12.2004. If a partition has taken place before that date then court cannot undo the partition and give the co-parcenary share to the daughter.

A joint hindu family propety is called ancestral property because it passes on from one generation to another. A joint hindu family system is a patriarchal system consisting of a karta (the eldest male member) and co-parcenars (all other male members of the joint hindu family). Only male lineal acendants or descendants can form part of joint hindu family. Females have only the duty of reproducing male heirs.

Now after 2005 amendment, daughters were given equal status of co-parcenars to that of sons and they could now claim equal rights and share with respect to joint hindu family property.

But there is a caveat that the partition must not have happened before 20.12.2004. Partition is way by which a co-parcenar seeks his share in the property and as soon as the co-parcenar askf for partition then the property is divided and each co-parcenar if given his share. It does not matter whether it is only one co-parcenar or all of them seek partition. Once a partition is ought the joint hindu family breaks and the ancestral property is divided equally amongst all.

This question of partition and thereafter the impact of share of female co-parcenars came to SC in Prakash v Phulavati in 2015. The Court ruled that partition done before 20.12.2004 shall not be disturbed.

1. Since your father died intestate (without executing a WILL) and your mother is also not alive, you and your brother (assuming that you are the only two siblings), are entitled to equal share in the property, i.e., 50% each.

2. The daughter is entitled to equal share in deceased father's property on par with her brother. The married daughter can claim for partition and separate possession of her share in the property. For claiming property rights by a daughter, there is no bar in respect to her marital status.

3.  2005 amendment applies to ancestral property and not for self acquired property.

4.  Irrespctive of  whether the daughter is unmarried or married, she has undisputable claim in her deceased father's property.

you have equal share in self acquired property of deceased father 

2) you can file suit for partition for division of property by metes and bounds 

3) Hindu succession act 1956 grants daughters equal share in property of deceased father . It is immaterial whether you are married or not 

1. A married daughter have equal rights in the self acquired proeprty of her father.

2. The amendment act you are talking about is regarding ancestral property of father and hence this has no applicability in your case.

3. So claim your equal share and if you are denied your half share you can file a suit for partition.

a daughter, whether married or not, is a class 1 legal heir of the father, and is thus entitled to a legal share in the father's self acquired property, equally with the son

you can file a partition suit to claim your share 

as your mother was living on the date of demise of your father, she got 1/3rd share in his property as a class 1 legal heir

now that 1/3rd share will devolve on you and your brother equally

so essentially you have 1/2 share in your father's self acquired property. Your marriage makes no difference

1) You will get equal share like your brother in your father's property.

You need details of property in respect of which partition suit is filed

enclose copy of sale deed by which property was purchased by your father 

no document is reqired to file a partition suit.

The copy of property documents, (if you are not having same either take certified extracts from revenue and muncipal department of the property card or give notice through court to the person possessing them to bring them on record. 

Your ID card showing fathers and mothers name, and other relevant documents your advocate shall intimate you.

Certified copy of title deed of properties.

Description of properties ( area, location with survey numbers, boundaries etc)

Valuation of Property done by SRO

1. Family Tree/Legal heirship certificate, copies of property documents.

2. First involve elders in your family/friends to settle the shares amicably and if it doesn't result in positive result, then issue a legal notice to your brother for equal partition of your share by metes and bounds.

3. If the matter is not yet settled amicably, then file a case for declaration, partition and separate possession of your share by metes and bounds in the jurisdictional competent court.

Daughters, being legal heirs to their deceased parents,  have equal rights in their parents own property whether self acquired or inherited, provided their parents are reported to have died intestate.

Therefore, if there is no amicable partition among the legal heirs, the daughters can file a partition suit seeking separate possession of their legitimate share in the property.

The marital status of daughters ins not a bar to claim their equal rights and share in their parents properties.

You first issue a legal notice seeking your share in your deceased father's property by an amicable partition, if there is no response, then you may approach court seeking partition and separate posssesion of your legitimate share in the property

Thanks for all your advice 


The advice is really helpfull.

What are the documents required to file a case of partition . ??

You may produce the copy of the registered document ogf the propertyin question along with your identity proofs, you may consult an advocate in the local and proceed as per the suggestions received.