Hindu daughters have equal rights to ancestral property.

My father died in 2011 after writing a Will in which he made a clear division of his self-acquired property. As per the Will, my brother and I will inherit the property, while my two sisters will get some cash. Now, one sister claims as per the 2005 amendment, the Will stands negated and wants an equal share. Is she right and can she go to court?

Two aspects are involved here. Firstly, the registered Will of your father, if duly executed, would be valid and his estate i.e., movable and immovable properties have to be administered as per the Will itself. Secondly, the 2005 amendment to the Hindu Succession Act, 1956, gave equal rights to daughters in ancestral property and also in the coparcenary property of her parents. However, in your case, as the Will pertains only to self-acquired properties, the 2005 amendment would not be applicable since there is a Will in existence. Therefore, though the sister is within her legal rights to challenge the Will and approach the court, we believe that her claim would not have any merits.