On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers. Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father. The Amendment Act fuelled a debate on whether a daughter's right in coparcenary property was available even prior to commencement of the Amendment Act, i.e. were the rights granted to daughters in the coparcenary property retrospective in their application? The debate on retrospective application of the Amendment Act has now been put to rest by the recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).

She can get here share in the property that has been purchased by her father and not otherwise.

Thanks and regards

This is not an ancestral property.Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. This is only self acquired property of your father in law.

After the death of father in law all his legal heirs become the absolute owners of the property. After the death of mother in law in 2009 her share also distributed among her legal heirs (among her children s).

1) is it self acquired property of her father . if so on father demise your wife will get equal share in the property

2) if on other it is ancestral property your wife will not get any share as her father died before 2005

On what basis do you call it HUF property? The share of daughters is at par with that of sons in the HUF property, which she can cull out by filing a suit for partition in the civil court against the remaining heirs.

Your wife shall be entitled to an equal share out of her father's share in the property if it was a HUF property.

But the proof of HUF has to be produced to the satisfaction of court by the person claiming it.

If it was self acquired property of your father in law then she will be entitled to outright share equal to that of her brothers'.

As per law she is not entitled to coparcenary rights since yor father in law died even before the amendment came into effect in the year 2005.