It is not ancestral property

2) property which has remained undivided for four generations is ancestral property

3) on demise of father your sisters have equal share in property

4) it is immaterial whether they are married or not

The amendment of Hindu succession act 2005 is only applicable to ancestral property

2) for self acquired and inherited property daughters have equal share

1. In your father's share in your grandfather's property, your sister's too have a right; both married and unmarried.

A daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.

There is no retrospective effect of amendment so if any partition came to effect before 20 December 2004 cannot be challanged.

Supreme Court judgment in Prakash and Ors vs Phulvathi and Ors {2015(6) Kar L J 177; 2015(11) SCALE 643} seeks to put a rest to these questions. The Supreme Court has categorically held that the Amendment Act is prospective in nature. Therefore, it is only from 09/09/2005 onwards that the daughters would be considered as coparceners and have an equal share as that of sons in joint family property. However, this does not mean that the daughter has to be born after 2005. The daughter may have been born at any time prior to 2005 but the daughter must be living in 2005 for her to claim a share. This would imply that if a daughter has died prior to 2005, her legal heirs cannot claim that they should be having a larger share on the basis that the daughter, had she been alive, would have had an equal share in the joint family properties.

The Supreme Court has added one more caveat to the above entitlement. Since the enactment provided that a daughter of a male coparcener, on and from the commencement of the Amendment Act of 2005, would be entitled to equal share in the joint family properties, the Supreme Court found that as a pre-condition for the daughter to claim a right, even her father must have been alive when the Amendment Act of 2005 came into force. The Supreme Court reasoned that if the father had died prior to 09/09/2005, succession would already have opened to his estate and his property or his interest in joint family property would already have stood shared or vested in his legal heirs as per the law which was in force before the 2005 Amendment and the intention of the lawmakers could not have been to disturb the succession which had already opened prior to 09/09/2005 and to enlarge her share retrospectively.

So yes your sister donot have any right in the property.

1) Your two married sister does not have equal rights, whereas unmarried daughter has equal rights as per 2005 amendment.

The amendment confirms the right of the daughters and they all will have equal share in the properties.

All married or unmarried have no difference. If as per their wish if they leave their share in your favour.

All have equal rights over the property

Dear Sir,

My answers are as follows:

1. Does my sisters have any right to claim in our property?

Ans: Since your father died prior to 2005 your sister is not entitled for a share as per below given judgment of the Supreme Court.

2. One of my sister is still not married other two where married on 1996 and 1998 respectively. What is the position of my unmarried sister does she have any right to the property ?

Ans: She is having a right for maintenance only since she remained unmarried.

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Daughter right

Law on equal right for daughters over property is prospective: Supreme Court ... 2005

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 v...

A Bench comprising Justice Anil R Dave and Justice A.K. Goel, in its October 16, 2015, interpreted the succession law while setting aside the Judgment of the Karnataka High Court in the case Prakash v Phulavati of 2010....

Dear Client,

After grand father death, his property devolved in his children by equal proportion.

And % of share which your father received will inherit in his children in equal i.e. 1/4th each.

1. Does my sisters have any right to claim in our property? -- yes equal share.

2. One of my sister is still not married other two where married on 1996 and 1998 respectively. What is the position of my unmarried sister does she have any right to the property ? -- married , unmarried has no effect to inheritance right.

Your sister and you form class I legal heirs to your deceased father who is reported to hav died intestate.

The properties left behind by him shall devolve equally on all his legal heirs, hence your sisters shall be entitled to an equal share at par with you out of your father's properties.

So the amendment of Hindu succession act 2005 does not have any impact or advantage to the son

The amendment shall make an impact only to the ancestral property and not to the rights of a daughter in her father's property.

Hi,

Your sisters may claim in the property equally.