How tom distribute jointly held property

535 votes

If the property is an ancestral, then you all 10 children have equal rights and share in the property. And if the property is an self acquired if your mother, then no one has right and share in the property.

Advocate Basavaraj S Hiremath LawRato

746 votes

Daughters cannot inherit ancestral property if father died before 2005, says Supreme Court.In 2005, the Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives. But now, a 'small' clause has been added to it.daughter can only hold a right to the ancestral property if the father has died after this 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.
Adding that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have a retrospective effect, a SC bench comprising Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the Act.
The Hindu Succession Act of 1956 originally denied women the right to inherit ancestral property, allowing them only to ask for sustenance from a joint Hindu family.After the amendment was passed in 2005, the only restriction to remain was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, which is the date the Bill was introduced.

Advocate Vedashree A LawRato

889 votes

You have not mentioned whether property is ancestral or self acquired. If it is ancestral you all sibling have right in the property with your parents. If is your father's self acquired property who has registered in your mother's name means your mother has a full right to dispose the same as per her wish and you children cannot compel for the share or can get the share.

Advocate Rajesh K.S LawRato

715 votes

Presuming that you are HIndus and also assuming that the property you are referring to is truly a joint family property it can be said that you all are having equal rights over the same., not otherwise.

Advocate S.K Prabhakar Shetty LawRato