Limitation period to claim share by mother in predeceased son property.
vinay khanna
(Querist) 12 February 2016
This query is : Resolved
My brother Mr.A died on 20th feb.2005 and my mother died on 10th Jan.2007.I understand that my mother was also primary heir in her predeceased son Mr.A property What is the period of limitation for claiming my mother's share in Mr.A property.Under which article of limitation act this will come.Kindly keep the author name anonymous and please try not to publish this matter.
Regards.
Devajyoti Barman
(Expert) 13 February 2016
Law of limitation does not apply to partition suit since right to partition is continuing right having recurring cause of action.
Kumar Doab
(Expert) 13 February 2016
Obtain certified copies of death certificate of your brother and mother and submit these to authority under whose jurisdiction the estate/property lies for recording the share as per inheritance.
The share does not vanish with time.
AS advised by Mr. Barman the legal heirs/successors can claim the respective share and file for partition.
vinay khanna
(Querist) 13 February 2016
Sir,
The house property is already partitioned in 1989 and Mr.A family is in possession after partition of the house property as per the share alloted to Mr.A,later Mr.A died and did not leave any Will.Can Mr.A family perfect their title by continous possession & adversely to the interest of any person.
Rajendra K Goyal
(Expert) 13 February 2016
Mother has claim in the property of pre-deceased son and after mother her legal heirs have claim in her property.
J K Agrawal
(Expert) 14 February 2016
It is not a easy task to establish adverse possession over family property. To establish as such one is to prove that he has excluded all other, openly and expressly, by saying that others has no right in property and others has accepted it for more than 20 years.
I think almost not possible to claim adverse possession by your brother.
vinay khanna
(Querist) 14 February 2016
Sirs,Thank you for your replies.My brother family is in exclusive possession,seperate gate with independent portion.My mother brother Mr.A died on 20.02.2005 & mother died on 10.01.2007 and if my calculations are correct eleven years will be over on 20.02.2016.Hope my calculations are correct.I am layman and may interprete law wrongly,according to this judgement 38_38_maha_singh_vs_anand_singh.pdf time limit to claim property share/to file for partition suit is 12 years as per limitation act.kindly clarify.All above answers are correct also and have really helped me.
To,Mr.J.K.Agrawal,sir,please inform article no.in which 20 years is written,I will study it.Thank you sirs and best regards.
vinay khanna
(Querist) 14 February 2016
The above sentence my mother brother Mr.A died on 20.02.2005,it should be my brother Mr.a died on 20.02.2005 &....
Kumar Doab
(Expert) 14 February 2016
You may visit an able and senior counsel specializing in such/family/revenue/property/civil matters ASAP with whatsoever documents and details that you have and proceed under expert advise of counsel engaged by you.
Your counsel can provide answer to all of the queries that you may have, and material if any required to study and strategy that is beneficial for you.
P. Venu
(Expert) 21 May 2016
The information furnished reveals that your brother had died, rather young, leaving behind his wife, their children and your mother as legal heirs. And subsequently, the mother also has died.
According to Law, all the siblings and the wife and children of the deceased brother are the legal heirs to the mother's property which she had inherited from her deceased son. As such, part of the property is devolved upon you. And now you wish to claim your portion.
The query reveals that the property is the residence where the family of the deceased brother is staying. It is my considered opinion that, irrespective of the legal prescription, you and other siblings should have magnanimity to surrender your claim in favour of the family of the deceased brother.
Kumar Doab
(Expert) 21 May 2016
Be generous in the matter to the family of deceased brother.
