• Do children of daughters have share in ancestral property

Does legal heirs of daughters have share in ancestral property. Is their consent required for selling such property.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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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.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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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.

Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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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.  
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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The law of succession is applicable all over India.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1. The daughters are the absolute owners of their share of the agricultural property,

2. During their life time, the legal heirs of the said daughters have no claim on the property of the daughters.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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