Daughter's right in the property sold before 2005

Querist : Anonymous (Querist) 22 February 2011 This query is : Resolved
Mr A owns 25% share in the joint hindu family property along with his three brothers. He died in 1974 leaving behind a wife, two sons and a married daughter. His wife also died in the year 1992. His two sons transferred 25% share of their father in the property by registered document in the year 1995. Whether married daughter can now claim her share in the property or whether she can now challange the tarnsfer that took place in 1995? Whether amendment to the Hindu Succession Act applies to the transfer that took place prior to 2005 ?

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R.Ramachandran (Expert) 22 February 2011
Out of 25% interest that the deceased member of the Joint Hindu Family had in the property, upon his death, the property will get automatically partitioned between the co-parcenars viz., deceased father and his two sons in the ratio of 1/3 each.
The 1/3rd share of the deceased person would go in equal share to all the Class-I heirs namely widow, two sons and the daughter.
Since the widow had died subsequently, her share would again go equally to all the Class-I heirs viz., two sons and the daughter.
This is the position prior to coming into force of Amendment in 2005 to the Hindu Succession Act.

Y V Vishweshwar Rao (Expert) 22 February 2011
I agree with Mr Ramchandran !

The sale is in 1995 - by 2005 the property is not available for partition ! Now it is 2011 after about 16 years the Rights to be enforced - However you are advised to contact your local Area Civil Side Senior advocate and discuss with all other relevant facts