I,Kajal Basak, we are 2 brother's and 4 sister's, me and my brother living with our families in a house property since 1980, the land of said house property is in the name of my father who purchased the land in the year of 1979, my father died in the year 1998, my mother also died in the year 2010, all my sisters are married and living with their in laws, is our sister's can claim for the property after HSA 2005 amendment act.
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It is self acquired property of your father
2) on his demise you and your siblings have equal share in the property
3) Hindu succession amendment act deals with ancestral property wherein daughters would have equal share only if father was alive on date when amendment act came into force
Since this is your father's self acquired property and as he is reported to have died intestate, this property shall devolve equally on all his legal heirs consisting you two brothers and your four sisters.
Thus as per law everyone are entitled to 1/6th share in the property.
If this property is not capable of dividing into 6 shares, you brothers may call for a meeting with your sisters and other elders, arrive at a mutual agreement thereby you brothers shall give amount in compensation to your sisters in lieu of their shares in the property after which they will execute a registered release deed relinquishing their rights in the property in your favor.
Any such amicable settlement would avoid unnecessary litigation and also would strengthen the family bindings and relationships.
Since this proeprty was purchased by your father it will be treated as his self acquired proeprty and not his ancestral proeprty.
IUn that even all his sons and daughters have equal share.
In other words your sisters do have share in the house or any other property left by your father.
The said Act applies only in ancestral property.
After the death of your father the right in the property goes to all his legal heirs . So Your sisters and brother has equal right over the property.Your property does not comes under the head ancestral property.
As per latest Sc judgment daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005. The father would have to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005
