Daughter's share after 9/9/2005

According to you the property is self-earned property of your father-in-law.  If it was a self-earned property, then the Hindu Succession Amendment Act of 2005 has no application.  That provision is applicable only in respect of  "Ancestral property" and not in respect of "self earned property".

Your father in law has every right to dispose of his self-earned property in whichever way that he wanted. 

Therefore, your wife cannot claim equal share in his self-earned property.  (If your father in law had not given even the 5% of his property, then also your wife cannot claim anything.)

According to you the property is self-earned property of your father-in-law.  If it was a self-earned property, then the Hindu Succession Amendment Act of 2005 has no application.  That provision is applicable only in respect of  "Ancestral property" and not in respect of "self earned property".

Your father in law has every right to dispose of his self-earned property in whichever way that he wanted. 

Therefore, your wife cannot claim equal share in his self-earned property.  (If your father in law had not given even the 5% of his property, then also your wife cannot claim anything.)

I have got highest regard and the deepest regards to Sh. R. Ramachandran, who is an autority on property matters.  While concurring with the advice he has given, I try to answer the left out portion of the question of the enquirer.  After the death of wife's mother, your wife and her brother are entitled to the equal shares of her mother's property, if there is no will left by the mother (I am ready to stand corrected about my advice).

Thanks Mr. Chandu for pointing out. 

I was only concentrating on the aspect of 2005 amendment and did not give much weightage tothe aspect of the mother-in-law having died intestate. 

Yes, from the share of the mother (if she had died without leaving a Will) both your wife and her brother will get equal share.  If the brother had got the entire share in his name, one has to know whether your wife's mother had left any will in his favour.

Hi,

If a property inherited thru Maternal side ( from my  Mothers mother, who has passed away & my Father also expired), how property will be shared between the 2 sons & 3 daughters of my mother during her life time or after her demise. Whether all 5 will get equal share or mother can give to sons alone during life time or thru a will after demise. Now 3 daughters asking for equal share in the proprty now. Kindly advise.

Tks

R Bharathi