Married daughters right under hindu succession amendment act 2005

Querist : Anonymous (Querist) 12 July 2011 This query is : Resolved
I would like know the actual position of law under Hindu Succession amendment Act 2005.
Daughter got married in the year of 1988. Father died in the year 2010. The inherited properties were divided among five sons by the father. All five of them are in actual position of the property.
Whether the daughter is eligible, for equal share in the ancestral property, which is dived among five sons.

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M.Sheik Mohammed Ali (Expert) 12 July 2011
the daughter is not right to ancestral property rights.

Krishnamurthy Ramdas Iyer (Expert) 12 July 2011
daughter has a an equal right,as per 2005 amendment

prabhakar singh (Expert) 12 July 2011
IF'The inherited properties were divided among five sons by the father'THEN IT WAS ANCESTRAL PROPERTY,THAT BEING CASE, THE DATE OF PARTITION AND MODE OF PARTITION ARE CRUCIAL FACTS WANTED HERE.

SO IF PARTITION HAS TAKEN PLACE BEFORE 20/12/2004 BY A REGISTERED DEED,THEN DAUGHTER IS OUSTED,OTHERWISE SHE HAS THE RIGHT.

Advocate Bhartesh goyal (Expert) 13 July 2011
Yes daughter can seek partition of ancestral properties if properties has not been partitioned before amenment came in force.

R.Ramachandran (Expert) 13 July 2011
Many think that once the property is inherited from grand father, it is ancestral property. It is not so.

Therefore, in order to know whether it is ancestral property or not, please indicate the following.

(1) How did your grand father get the property - whether it was his self-earned property or inherited from his ancestors?

(2) When did your grand father die?

(3) You say that "The inherited properties were divided among five sons by the father." From this it becomes clear that your father divided the property during his life time. Please indicate in which year he divided the property amongst his sons.

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