Claim for ancestral property

Rastogi (Querist) 03 August 2015 This query is : Resolved
is there a time limit to claim rights on Ancestral property?

is it barred by limitation act after some years?

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Guest (Expert) 03 August 2015
If it could be justified with Valid reasons the Time Limit will not be a Problem.The earlier would be better to avoid more complications.

Rajendra K Goyal (Expert) 03 August 2015
Academic query, state facts.

Rastogi (Querist) 03 August 2015
Ancestral property is in the name of my uncle who is having Khatha in his name for more than 20 years. Actually We were living in the property for more than 20 years.

My uncle(Plaintiff) filed a suit for permanent injunction.

We produced the voters ID and witness(neighbours) to prove our possession.

But the Lower court gave him the permanent injunction not relying on the Voters ID and neighbour witness.

During the case my uncle also produced another document for the property which is sold by me as ancestral property given to me. But actually this property was allocated not in lieu of house but instead of other property which allocated to my uncle and sold by him also. But my uncle argued that this property was given instead of house in which we are living.

But unfortunately my lawyer has not brought up this point during argument and also we could not submit the sale deed for other property sold by my uncle.

Lower court based on this granted a permanent injunction to my uncle(Plaintiff).

Now the case is in First appeal.

Can we submit additional document for the property sold by my uncle to prove that additional property was allocated not in lieu of house we are living. Whether the court will also this now.
OR
Can we file a fresh suit against my uncle for declaration for the ancestral property

There is no registered partition deed.

Rastogi (Querist) 04 August 2015
Need Expert opinion

dev kapoor (Expert) 04 August 2015
No bar if the appellate court is satisfied that unquestionable documentary evidence could not produced before trial court due to........reasons,the appellate court will be well within its competence to remand case back to trial court with the direct to take this document (additional evidence) subject to other party's right to cross-examination.Court may impose some cost at its discretion..........

dev kapoor (Expert) 04 August 2015
You may file any suit provided your advocate is in a position to cross hurdles created by O:2, R:2 CPC.

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