Sister's share in father's property if father died before 2005

894 votes

After the Hindu Succession Amendment Act of 2005, daughters have equal share in the estate of their father but the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. A daughter's right to father’s property does not arise if the father died before the amendment to Hindu Succession law came into force in 2005. Since your father died before 9th September, 2005, which is the date of commencement of Amendment Act therefore your sisters cannot claim right in property of your father.

Advocate Siddhant Sharma LawRato

989 votes

Yes they can get from both of d property. Will comes there where law doesn't enable d right bt in ur case d term legal heirs z available in d law .so by default they r eligible if they claim or if u want to sell then u need their no objection certificate.bt in ur case they won't get equal share like u as ur father died prior to 2005

Advocate Bhakti Prasad Pattanaik LawRato

870 votes

No they can't claim. A daughter can only hold a right to the ancestral property if the father has died after the amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.

Advocate Rajdeep Pradhan LawRato