Is there any time limit?
Querist :
Anonymous
(Querist) 14 May 2010
This query is : Resolved
Dear Experts of the forum,
Here i have a typical problem : My father got some property through a WILL. But this fact was suppressed by some interested persons, and known to us only two years back. In the mean time my father fell sick and died. But, before his death he wrote a WILL on my name in regards to the above property. But sad part is this ( Earlier this was an Agricultural land )land made in to plots and sold to different persons and even some is occupied by Government(?).
What should i do now ? Can i claim this Land back ?
What role does Limitation act play ?
Can the plot owners claim this property under Adverse possession or under a reg. docmt.?
Can Article 226 is of any help to me?
Or, is there any course left to me ?
Please GUIDE ME.
With Regards,
Thanking you ALL.
R.R. KRISHNAA
(Expert) 14 May 2010
Dear anonymous,
I could ascertain from the facts of your query that your father sold the property to many persons and then wrote a will bequeathing the property in your favour. Such being the situation the will in your favour is invalid and cannot be enforced except against the government if the land in question occupied by the government had not been actually sold by your father.
As you say that your father has sold the property to many persons they certainly must have registered sale deeds and hence you cannot challenge the same.
For claiming the property against the government you either approach the court under article 226 or file a civil suit for recovery of possession.
best of luck..
adv. rajeev ( rajoo )
(Expert) 14 May 2010
After selling the properties to many people your father executed a will in your favour. Before executing the will properties have been sold so you cannot claim the properties on the basis of the will.
You have to ascertain how the govt., is acquired the land, if procedure followed and your father was agreed for that then you have no chance.
First you do one thing, ascertain thru., regd., sale deed properties are sold to many persons, if not and if the so called purchasers are illegally in the possession of the properties then you can claim the properties by filing suit for declaration and injunction on the basis of the will.
adv. rajeev ( rajoo )
(Expert) 14 May 2010
Limitation period is 3 years, but now you came to these facts, so you can aver in the plaint that after obtaining the documents cause of action to this suit has arisen.
G. ARAVINTHAN
(Expert) 14 May 2010
file a suit for declaration that you are the owner of the property and consequential prayer to declare that all those sale deeds are void
Raj Kumar Makkad
(Expert) 14 May 2010
I have similar opinion as of rajoo and krishna.
Querist :
Anonymous
(Querist) 15 May 2010
Dear All Experts,
Thank you very much for your REPLIES. But, i think i have not explained my problem properly, it is like this: Please read ,
"My father got some property through a WILL. But this fact was suppressed by some interested persons (WITH OUT THE KNOWLEDGE OF MY FATHER ), and known to us only two years back ". Rest of the question is same, but for the clarification given in bracketed portion as above.
With regards,
Thanking you ALL for the time you are giving to me .
