No issue. Signature of daughter's daughter is not required. Only the signature of daughter is sufficient.
Successor consent for maternal ancestral property
I'm planning to purchase a plot in a layout. The land belongs to a person who died in 2010 leaving his 3 sons and 1 daughter as legal heirs. Builder has entered into JDA with all the 3 sons and their children. But, from daughter side only daughter has signed the JDA, daughters son did not sign the document. Builder says since this is maternal inheritance, daughter can alienate with out the consent of her children. Please advise if there can be any issue in future from this.
Asked 4 years ago in Property Law
Religion: Hindu
7 Answers
It is not ancestral property
consent of daughter children is not necessary fir sale of property
The legal heirs are the absolute owners of the property hence the consent of the next generation children of the available legal heirs is not required.
If you are still in doubt about the genuineness of the title of the property you may obtain a proper legal opinion from a local advocate and proceed if recommended.
The daughter is also a coparcener and hence has the same rights over the property as the son has.
His statement is not correct.
No there will be no issue
1. The land of the deceased owner has been inherited by all his legal heirs being his 3 sons and 1 daughter.
2. The Builder is required to enter in to agreement for development with the said three sons and one daughter only.
3. The children of the sons and the daughter have no legal role to play in this regard till their fathers or mother is alive.
Yes, signatures of second generation not necessary even signatures of children of sons not necessary.
