1) aunts have equal share in self acquired property of grand father 

2) they can file suit for partition   to claim equal share in property 

After partition, grand father share/portion become his self acquired property and on his death intestate death/birth of great grand children, property acquired status of ancestral property.

Grand father will inherit by 1/6th each on his death. And if it was HUF of grand father, than they had no claim, only sons and their family had.

Now great grand child also have share in property.

1. Yes the nature of the property is self acquired. 

2. Yes it would be as per the intestate law of succession and they will have equal share in the property.

3. See the aunts as per law has share and they can claim sameby way of the suit therefore, it is better to settle with them for some amount and take relinquishment deed. 

First of all the property in question is not ancestral.

Secondly if the property passes through intestate succession in absence of any will or other testamentary disposition, daughters shall have equal right to the property.

Further for you information SC has overruled the condition of father should be alive on the date implementation of the 2005 amendment, on the logical ground that daughters become coparcener by birth only. So the contidion of her father's living is irrelevant.

1. If the grand father is alive or has died after 2005 then only  sisters have share in the property. If your father has died before 2005 then your sisters can not claim share in the ancestral property of their father. 

2. Now of the property belonged to your grand father was self acquired as it appears then your aunts have equal share in it.

3. In the partition suit you can take the plea of development of the property which would be adjusted from shares of your aunts. 

If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. 

1. share which your GF got on partition becomes his self acquired property

2. when he dies, this property devolves on his legal heirs as specified in class 1 of Schedule 1 of Hindu Succession Act

3. the class 1 legal heirs of a male Hindu are his mother, widow and children, all of whom take equally

4. devolution on legal heirs happens provided the deceased had not disposed of the property in his lifetime or has not left a Will in which he has bequeathed the same to some other party

5. so your aunts have equal shares in this property left by your GF

6. An ancestral or HUF property is one which a person inherits from his ancestor who is 3 generations above him - that is from great grandfather to GF to father to sons [and now to daughters after 2005]

7. the property described by you does not fit the above definition of ancestral property 

8. if your aunts claim that it is an ancestral property or HUF property then its good for your father and his brother since your aunts cannot claim coparcenorship as their father [ie your GF] was not alive on 9.9.05 when the Hindu Succession Act was amended making daughters coparcenors in ancestral property

After partition, the property became an exclusive and self-acquired one of your grandfather, and lost its ancestral nature. As your grandfather has left no will, intestate succession law applies to his estate. It shall devolve on all the surviving legal heirs of your grandfather equally. In other words, your father and all his siblings shall be entitled to a share each, as your grandmother is no more.

With the advent of Succession Amendment Act 2005 daughter by birth are entitled to equal share on par with son. It applies in this case if it has not been partitioned. 

Regards 

G.Rajaganapathy 

High Court of Madras 

1. The share in the property which went to your grandfather after partition became his separate property which is at par with self acquired property.

2. 2005 amendment to Hindu Succession Act applies to only ancestral property, whereas in your case the property is not ancestral. Hence, the application of 2005 amendment is ruled out.

3. Since your grandfather died intestate his property devolved through intestate succession on all his children including daughters equally. The share of  your aunts is 1/6th, at par with share of their brothers.  

4. Your father's sisters can file a suit for declaration to seek the separate possession of their share through partition.

5. Because your father and his brother spent a fortune to maintain the property does not mean that they deprive their sisters of their share. Make an amicable settlement.

There are 2 cotradicting judgements of supreme Court one says that both father and daughter needs to be alive on date of amendment.  One says that it's effective by birth of daughter.  The said issue is with higher bench.  You can still claim your share by filing suit. 

Dear Client 

Yes you are absolutely right if father have died before amendment of 2005 sister can't claim the equal share as per new amendment.

1. The property was not self acquired property of your grandfather as he get his share from his father property.
2. Your aunts can't have share in the property as you grandfather have expired before 2005 and the share will be divided in brothers only as per Hindu Succession act 

1.  Since your grandfather acquired the said proeprty after a partition among his own siblings, his share of property becomes his own and absolute property, it will not come under ancestral property category hence the amendment in the year 2005 will not be applicable to this situation. His children including his daughters are entitled to an equal share at par with their brothers. 

2. Since the law is very clear your father and his brother cannot claim any loss towards the maintenance of the property by giving share in the property to their sisters.

They may claim a share in the expenses from their sisters but there is no law binding their sisters to give share for the expenses since your father and his  brother were enjoying the properties till this date.

1. As per the information mentioned in the present query, makes it clear that the property came the father from his father after the partition.
2. It makes the property ancestral in nature as any property which come from the fore father is of the same nature for the coming generation of the male member who has got it under partition or as a gift also.
3. But, here is the question comes that at the time of partition, his sisters did not have claim as per the inheritance law and now they can’t claim it on the ground of 2005 amendment because it doesn’t have retrospective effect as well as not applicable if the property was partitioned before the 2005.
4. Your father’s property is ancestral in nature for you all not do his sisters.