1. Since the daughters lost their father before 2005 they do not have any share in the proeprty of their father even if he acquired it by inheritance.

2.their only rights is the right of residence in the family dwelling house of their father.

Daughters have no share in ancestral property as father died before 2005

2) SC has held that daughters cannot claim share in ancestral property if father died before 2005

Dear Querist

First of all issue a legal notice to other parties who ha the possession of the property and claim the share if they are not possible ready to settled the matter amicable the file civil suit for partition with possession before civil court and also file an application for temporary injunction under order 39 Rule 1&2 of CPC.

Feel free to Call

SC in case of prakash&ors v/s phulavat&ors in civil appeal no 7217 of 2013 has held

The law, which gave equal right to daughters in ancestral property under the Hindu Succession Act, is prospectively enforceable and not with retrospective effect (as held by some High Courts in the country), the Supreme Court declared in its recent verdict.

he Apex Court said that the rights under the Hindu Succession (Amendment) Act, 2005 are applicable to living daughters of living coparceners (those persons sharing the inheritance of an undivided property equally with others) as on September 9, 2005 ...

Under these changed circumstances, the daughters now would like to claim the fair share in the ancestral properties - houses, shares, farm lands etc. They are both 70+ in age and towards the end of their lives, they would like to enjoy their rightful share in the property.

Please advise as to how to go about the whole matter legally and what are the chances for their getting their share in the property

The daughter could have exercised their rights at that time itself when they thought that their father had done injustice to them by giving away the entire properties to the son and neglected them.

Nothing prevented them for claiming a share at that time.

The changed scenario cannot be make the law change

Their father had full rights to dispose the proprieties that belonged to him hence he transferred the properties by testamentary disposition in favor of his son.

The reason stated by the daughters for their claim for a share in the property at this stage is not acceptable in law.

In my opinion, they may aproach court with a partition suit seeking their claim, though it appears not maintainable but before that they aproach their brother requesting him to give their share in the property and exhaust the remedy available before them.

kindly let me have cases decided in similar circumstances for further information.

For decided cases on the similar lines may be searched through internet also.

But remember that the decided cases may not conform to your situation, it may not be applicable instead you may even be misguided.

in tamil nadu as per amendment act of 1989

the daughter of a coparcener in a Joint Hindu

Family governed by Mitakshara law, shall become

a coparcener by birth in her own right in the

same manner as the son and have similar rights

in the coparcenary property and be subject to

similar liabilities and disabilities;

(b) On partition of a joint Hindu family of the

coparcenary property, she will be allotted a

share equal to that of a son. The share of the

predeceased son or a predeceased daughter on

such partition would be allotted to the

surviving children of such predeceased son or

predeceased daughter, if alive at the time of

the partition.

(c) This property shall be held by her with the

incidents of coparcenary ownership and shall be

regarded as property capable of being disposed

of by her by will or other testamentary

disposition.

(d) The state enactments are prospective in nature

and do not apply to a daughter who is married

prior to, or to a partition which has been

effected before the commencement of the Act.