1) on what basis you say property is ancestral ?
2) children of daughters have share in ancestral property
3) consent is necessary for selling ancestral property
Does legal heirs of daughters have share in ancestral property. Is their consent required for selling such property.
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Especially when daughters are alive
In Karnataka
1) on what basis you say property is ancestral ?
2) children of daughters have share in ancestral property
3) consent is necessary for selling ancestral property
The agricultural land is passed on since 1930. Are children of daughters have share in it when daughters are alive and. Does those children of daughters need to consent for selling that property
1. If the daughters are alive, the legal heirs of daughters do not derive any share and their consent will not be
required, because the legal heirs' share will be built-in in the mothers' portion of share. However without going through the documents and the family tree it would be incorrect to give the correct opinion.
2. Better to get the documents verified by a Lawyer to ascertain the correct status.
1) it is ancestral property and children of daughter have right, share and interest in the said property.
2) their consent is needed for selling the property
1. The heirs of daughter are entitled to succeed to her share in the ancestral property if she has died without making a will. If there is more than one heir then all will succeed equally to her share.
2. During her lifetime the daughter is at liberty to sell, gift, mortgage or will her property to anyone she desires. She does not require the consent of her heirs to dispose her share.
Hi, when there is no prior partition in the family then daughters have rights over the ancestral property as far as property right in Karnataka is Concerned the daughters who's marriage was solemnized after 1956 have right over the properties.
The daughters are also entitled to a share in the ancestral property by birth as coparceners.
However when compared to male coparceners who have to further distribute their share of ancestral property to their heirs by retaining one such share for themselves, it is not the same case with the female coparceners. As per the HSA, the property in the hands of women becomes her own absolute property and the nature of ancestral extinguishes after the property acquired by the daughter. Thereby during her lie time she has got full liberty to dispose the property in any manner to anyone of her choice without taking anyone's consent including her children or any other legal heirs. Further the property, if left intestate after her demise, it can be shared equally by her own legal heirs considering it as her own property and not as an ancestral property. Therefore during her life time she is not required to take the consent of her legal heirs for disposing the property in the manner she would desire to.
1. Ancestral property means uninterrupted flow of title for four generations,
2. Probably what you are referring is paternal or maternal property,
3. Yes, legal heirs of daughters are also entitled to their share of their mother's share of their grandfather's property after the demise of their mothers, intestate.
1. When the daughters are alive, then they will own their share of their father's/mother's property,
2. After their demise, intestate, their legal heirs will inherit their shares of the said property.