Yes, sister can have equal share in the property. Kindly tell me the family tree and who has purchased this agricultural land in the family.

Now supreme Court has ruled that every women has right over the ancestral property by birth

See if it was a coparcenary property then in that case sister has no right but in case it was self acquired property or if the property was inherited by father after partition then in that case sister can claim right. 

See if it is ancestral property and there is no partition and division of property before then she cannot claim any right. 

To claim share in ancestral property both father and daughters have to be alive in 2005 

2) sister has no share in ancestral property 

You post says the property is ancestral, but title is in your brother's name  ? need clarification.

However, if it is not purchased by him, you can file suit for partition saying that it is not his self acquired property and prove it.

No.  If father dies before 2005 daughter shall not acquire any right to the ancestral property.

It is now settled in law. 

Yes, daughter has full right to claim ancestral property.But if the property is mutated in your name then she can not claim for the said property.

Dear Sir,

First of all confirm that your's is a ancestral property or self acquired, then only think about share of property.

Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.

In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the provisions of the will. ... The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one.

What do yo mean by ancestral property ? Was property acquired by great grand father ? After father`s dearth, his property inherited in his children equally. File partition suit.

- As per decision of the Supreme Court of India , A daughter is entitled to get an equal share as a son in an ancestral property, including daughters who were born before the Hindu Succession Act, 1956. 

- Further, A father cannot freely transfer his ancestral property to one son only and not others , except under certain situations like distress or for pious reasons. 

- Since, the father has already died in the year 2005, it means the said transfer was done before amendment of Succession Act.

- Hence , she cannot claim her right over the said ancestral property , which has already transfered in the name of son.

Good Luck and dont forget to rating Positively.

Yes daughters have equal rights in the property of father and ancestral properties of father even if father dies before 2005.

The amendment of 2005 is related to HUF properties of family.

daughter cannot claim right in ancestral property since  father passed away before 2005 i.e. before the date of the amendment.

The share of father out of the property that belonged to his father which he inherited as his share shall be his own and absolute property hence the ancestral nature of the property stands extinguished after such partition among the siblings of your father.

Now upon intestate death of the father, the propertie4s left behind by the father shall devolve equally on all his legal heirs which would include his daughters also,

Thus his daughters are entitled to en equal share in the said proeprty at par with his sons.

Since she is entitled to a share in the property as a right, it would be better that you people mutually agree for an amicable partition and settle the matter.

This is my response to you:

1. Yes the sister can stake a claim;

2. She can file a suit in the civil court;

3. The SC ruling is on her side;

4. Consult a local lawyer, discuss full facts and take steps.