Your sister has no rights in the property as father died before 2005.

The Supreme Court has said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.

it is not ancestral property and sister has equal share in land 

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

Hello, 

was it a self acquired land of your father or it was an ancestral land? 

Regards 

Yes she has doesn't have share as per supreme Court judgment for 2005 amendment in HSA.  But still there are two views of the said amendment. One view says if father and daughter not alive on date of amendment then no eight to daughter. Other view says she has right by birth. You need to file partition suit if she is not agreeing

2005 amendment is related to ancestral property not self acquired. Daughter have equal share. 1/3rd. She have to execute release deed to make you both absolute owner.  If she is not agreeing, partition the land between us and let her portion of 1/3rd share stay idle or use it, let her approach court to claim her share through partition. She will only bear litigation wrath than.

Your sister is entitled to an equal share in the property.

If she is not agreeing for the amicable partition, you may file a partition suit seeking division of property into three equal parts based on the god and bad soil and by metes and bounds and to allot one such share to you with separate possession.

Yes,  Your sister has equal rights in the property as per Hindu Succession Act. 

For partition you can file case in the court for partition deed and let court distribute property equally.  Whether your sister sign or not does not make any difference 

If it is self acquired property then she don't have rights to claim share. 

If it is ancestral then she can claim. 

A partition suit can be filed seeking the partition of the property by meats and bounds. 

See if land was self acquired or inherited by father after partition then even before 2005 as per intestate succession rules sister has right in same. 

In case it was hindu joint family then she has no right in fathers property but has share in mothers share of property.

1. if the land was self acquired property of your father, then your sister has equal right

2. if the land is an ancestral property, then your sister does not have any right as your father died in 1996

3. you will have to file a partition suit against your sister 

Dear client 

For the partition of agriculture land you have to file a partition suit in the revenue department with Naib tehsildar or above officer in which all of the legal heirs will be the party of partition suit. 

1. As per the information mentioned in the present query, makes it clear that he agricultural land is of ancestral in nature.
2. The amendment in the Hindu Inheritance law after 2005 says that the daughter would have equal right in the ancestral property, but the property should not be divided before 2005 irrespective of the living status of the father.
3. In present case, the land still undivided, so she would have equal share in it.
4. The only benefit which you can avail is that she would have to take the money or will have to use the land for agricultural purpose along with you remaining.
5. If she can’t do this then she will have no options apart from accepting the money from you both.