Ram Mahaseth 12 January 2016

Can step brother claim ownership for a land after 20 years ?

Hello Layers,

Situation is not as simple as it sounds. Let me explain with the background.

BACKGROUND:

My father had second marriage (in around 60's) after my mother died. We 3 brothers (from my father's first marriage) were teenager when mother died and he married again.

When we all three brothers came of age,got married and got separated.Father distributed all his property among:

1. three sons(from first marriage)

2. himself

3. a son from second marriage (who was still a kid)

in and around 80's .

Now in next 10 years father sold all his lands which was in his name and son from second marriage (who was teenage then) for maintaining expense of home,marriage of 4 daughters(from second marriage) etc.

There was one plot which I bought from father which was in name of his son from second marriage.That son was 'Nabalik' at age of 12-13 may be. My father sold that property saying nothing will happen and he has sold others too. Reason being he already took advance for that and was not able to return, also he would anyway sell that to someone else.This was may be 1995.

There was proper Registration of plot. I have registration papers ('Kevala' in Bihar) have been paying rents for that land since 20 years.My father is no more, he died in 2010

CURRENT ISSUE:

Now, some of my own relatives are pushing my step brother that he has right in that plot and he can sell that or file a case etc.

Can my step brother still claim the ownership for that plot/land if he files a case ? Or can he sell that plot with Registration papers prior (to sale) which is 20 years old ?

I'm 56 years of age right now I have two sons one is 32 and other 28. My step brother is around 36-38 years. We are resident of North East area of Bihar.

What is legal suggestion in this ?

What if I transfer that plot to my son , Can my step brother still claim that property ?

Thanks a lot

Reply Follow

3 Replies

Advocate Ravinder (Advocate/Attorney) 14 January 2016

You have not mentioned your religion. You have not mentioned that your step brother age now. When he became major i.e. in which year.

The law is that if the minor property is sold away by his father or guardian, the minor has a right to claim his property when he become major. The limitation of claiming this property will be three years from the date of becoming major. In my view is that now after a long gap, your step brother cannot claim. For better discussion mail me by giving the above information of first para.

Ram Mahaseth 14 January 2016

My religion: Hindu , Place of resident : Bihar , India

Current Age of my step brother : 36

Its more than 20 years that property is sold.

T. Kalaiselvan, Advocate (Advocate) 17 January 2016

The property that was in the name of minor was sold by the father of minor to you during the minority of the owner of the property. The minor son who after attaining majority could have filed a suit within three years after attaining the age of majority and not beyond that. If he had left the issue unattended till this date, he lost his claim as the same is barred limitation. Hence yo need not worry even if he files a case against you, it may not be maintainable.