Ancestral property

Deepak (Querist) 15 December 2013 This query is : Resolved
Hello sir/madam,
I am planning to purchase an apartment in Bangalore, the developer has a JDA with the property owner, the property is inherited from their ancestors divided among 2 brothers, but I see in the JDA agreement there is no signature evidence of their sons/daughters.
As this being an ancestral property I want to know if the sons/daughters of the land owner should sign in the JDA agreement or not?

Request your expert insights in this regard!

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Devajyoti Barman (Expert) 15 December 2013
If the property is ancestral then it is not wise to purchase it without the consent of all legal heirs.

Anirudh (Expert) 15 December 2013
Dear Mr. Deepak,
There is lot of confusion amongst people as to what is 'ancestral property'.

In the query, you have indicated that the property in question is 'ancestral property'.

Can you please indicate as to what is the basis on which you say that the property is 'ancestral'?

Rajendra K Goyal (Expert) 16 December 2013
For ancestral property consent of all legal heirs is essential.

T. Kalaiselvan, Advocate (Expert) 16 December 2013
In Bangalore this type of scandal prevail in large scale, i.e, somebody will sell the land thereafter around three to four years later when the property is in developed stage, some other people will issue legal notice,will bring police and other anti social elements into the property claiming themselves to be the legal heirs entitled to a share in the ancestral properties. Hence a cautious approach is always better.

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