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DhruvVenkat (Freelancer)     28 January 2013

Property partition

Hi This is Dhruv. I have a doubt regarding a partition. A property was purchased in 1951 by Mr. Venkatram. He had 4 children of which 3 were daughters(Rama, Hema and Jyothi) and the last was a son Kannan. Mr. Venkatram died in 1957 post which in 1964, Kannan put up a construction in the property and did not seek the permission from his sisters to put up the construction. Kannan, then made 3 settlement deeds  on 3 of his children between 1980 and 2000. The property has not been mutated on Kannan's name though. The daughters of Venkatram (sisters of Kannan) now are making a claim on the property for their share of 1/4. The property is still in the name of Venkatram though Kannan has acquired patta and has been paying the property tax etc. Are the daughters eligible to claim a share?  Since the daughters have not made many official claim till date, adverse possession will come into play correct? Can some body help clarify.



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 2 Replies

Advocate Vishnu (Advocate)     28 January 2013

As per Indian succession act, each legal heir of Mr. venkatram is entitled to 1/4th of the share in their father's property. Adverse possession will not be applicable in your case , because they have a birth right in the said property. 

DhruvVenkat (Freelancer)     28 January 2013

Thank you so much Mr. Vishnu. Does that mean that the settlement deeds that  has been made by Mr.  Kannan wont hold good. The daughters were keeping quiet all these years. Would not it be barred by time limitation of 12 years?


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