1) property which ahs remained undivided for 4 generations is ancestral property

2) in the present case it is not ancestral property

3)on father demise in 1997 you have equal share in property

4) it is true that as per Hindu succession amendment ACT of Tamil Nadu daughters married before 1999 would not have share in ancestral property

5)further as Hindu succession amendment act 2005 if father died before 2005 daughter would not have share in ancestral property

6) however as mentioned earlier you would have share as it is self acquired property of father

7)file suit for partition for division of property by metes and bounds

8) seek injunction restraining brothers from selling the property

1. It is the separate property of your father, not ancestral property.

2. Your share in the separate property of your father is at par with that of your brothers, which you can cull out by filing a suit for partition in the competent civil court. TN Amendment Act is applicable to only ancestral property, so it has no relevance to your case.

3. 2005 Amendment passed by Parliament also relates to ancestral property alone.

1. This is self acquired proeprty of your father.

2. Since this is a local law you have to consult a local lawyer on this.In general or in other parts of India daughters have equal share in the self acquired proeprty of father irrespective of date of your marriage.

3. Amended Act 2005 operates if you father would have died after 2005 and that deals with ancestral property only.

4.File a partition suit against your brothers to claim your due share.

1) Is it ancesstral property or self acquired property of my father

it is ancestral property because it has been devolving from generation to generation.

2 Brother's say as per the Succession Act of 1989 of TN, daughrters married before 1989 not eligible for the property ( i am married in 1988 April)

please consult a lawyer practicing in tamil nadu because he is more conversant about the local law. but as a general rule daughter does not form coparcener so she is dis-entitled for share in ancestral property.

3) What is the amended act 2005 says

this amendment includes daughter in coparcenal as same as a son hence daughter has now share in ancestral property and entitled for claim partition in ancestral property when her father dies.

in phulwati case 2015 the supreme court has held that for claim of daughter's share in ancestral property her father must die after 20 september 2005 if he died before the said date then daughter cannot claim share in ancestral property .

1. It is your father's own and absolute property and not ancestral.

2. Your brothers are wrong to say that. This rule is applicable only for ancestral properties and not for the properties belonging to your father. The properties in the hands of your father, which he acquired through partition and by a court judgment are his own and absolute property hence they cannot be considered as ancestral property. Further these properties belonged to your father's grandmother and not grandfather hence there is no question of ancestral property for this.

Also that your father expired in the year 1997, the referred law came into effect in the year 1989, there is no effect of this law for this property.

By all means, you are entitled to a share in the properties as a right being a legal heir of your deceased father.

Your brothers are not judges of court or any lawmaker that they will interpret law in their favor to deprive you the rights that you are bestowed with by birth.

3. Since you belong to Tamilnadu, the amendment made in the year 1989 is the same law that has been confirmed in the year 2005 by the Central amendment act.

4. You are entitled to a legitimate share in your father's property, you consult a local lawyer and file a partition suit seeking partition and separate possession of your share in it.

1. Those properties are not ancestral properties of your father but his inherited/self acquired properties.

2. You are equally entitled to shares of your father's prperties alng with his other legal heirs.

3. the amendment of the succession Act,2005 affects the daughters claim of ancestral properties which is not applicable in your case.

4. File a partition suit claiming your share of your father's properties.