Daughters are coparceners by birth in their own way from the date of enforcement of 2005 amendment.
1. Section 6 of HS Act (2005) says that daughter by birth become a coparcener in her own right in the same manner as the son;
2. Parliament in order to remove discrimination on the basis of the gender brought amendment to the Hindu succession act in 2005. The object of the act will fail if they are held not coparceners and are deprived of their coparcenary share.
3. Daughter can challenge the alienation made after December 2004. It means that though she is coparcener from date of enforcement of 2005 amendment but her right is restricted only to the available property and not to the sold property or partitioned property, because third party rights are created so their rights will be effected so the provision is included to save them. When daughters are seeking partition they will not be allotted share in alienated properties or partitioned properties.
4. The object of the central act is to give right to married daughters and give them equal rights on par with unmarried rights given in some states including Karnataka. It was also apt to say that here that coparcenary to be retained with daughters without them it is injustice to them. Coparcenary is body of persons who have got birth right in the ancestral property.
5. Unmarried daughters are made coparceners by three southern states Andhra in 1985, Tamil Nadu in 1989, Karnataka in 1994 and also by Maharashtra. If the interpretation as made in Prakash Vs Phulavati is accepted they will be dislodged. The object of the central act is not to dislodge the rights given to them. But to extend it to married daughters also.
5. If it is said that daughters have to wait for death of their father then daughters are not coparceners by birth and they are only successors to their father's property. Then there is no coparcenary at all. It is death to the coparcenary and this is not the intention of the parliament.
6. Coparcenary is a body of male who are sharers by birth. Unmarried daughters are also coparceners by birth after 1985 in Andhra Pradesh, after 1989 in Tamilnadu and after 1994 in Karnataka and in whole India after 2005 all daughters married or unmarried are coparceners.
7. Coparcener *daughter* can challenge the alienation made by father or by Karta after 2004 December 26 means they can file suit for partition immediately whether the father dead or alive.
8. If there is coparcenary it is both son and daughter have equal rights.