1. the wife will not get 50%, but has an equal share along with the children that is 2 sons and 1 daughter.Yes as you said 25% each and the wife will get 25%.
2. When the father has died , the year of his death and at that time the daughter was married and it was before the amendment in 2005, was it an ancestral property by definition- handed over to the 4th generation.
The amendment to the hindu Succession Act ,2005, giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005. This sis the interpretation given by the Bombay high court
The court said that "Section 6 of Hindu Succession Act, 1956 as amended by the Amendment Act of 2005 is retroactive (taking effect from a date in the past) in operation," "In other words, the provisions of the amended section 6(3) do not and cannot impinge upon or curtail or restrict the rights of daughters born prior to 9 September 2005," the judges said
Section 6(3) says
a. Where a Hindu dies after the commencement of Hindu Succession Act 2005, his interest in the property of joint family, Shall devolve by testamentary of intestate succession.
b. As the case may be, under this Act and not by survivorship, & the coparcenary property shall be deemed to have been divided as if a partition has taken place and, daughter is allotted the same share as son.
c. The share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre¬deceased daughter.
After the amendment sec 6 ensures the following
1. The daughter of a coparcenery by birth become a coparcener in her own right in the same manner as the son;
2. The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
3. The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
4. The daughter is allotted the same share as is allotted to a son;
6. The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
7. The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
The amended section 6 applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force,"