Adverse possession(limitation act)
SANKET UPADHYAY
(Querist) 16 July 2013
This query is : Resolved
A HUSBAND DEAD IN 1981 WITHOUT MAKE A WILL.HIS WIDOW WAS MAKE WILL IN 1982 AND SHE DIED IN SAME YEAR. IN HER WILL HE GAVE WHOLE PROPERTY TO HER LITTLE DAUGHTER OUT OF TWO OTHER DAUGHTER.THIS TWO DAUGHTER DID NOT KNOW ABOUT THIS WILL.IN REVENUE RECORD ( LIKE 7/12,8-A)HER HUSBAND'S NAME WAS RUNNING TILL 1997. IN 1998 MAMLATDAR ADDED THREE DAUGHTERS NAME IN REVENUE RECORD.BUT LITTLE DAUGHTER CHALLENGE THIS ENTRY AND MAMLATDAR HAD CANCEL TWO DAUGHTERS NAME ON BASE OF HER MOTHER'S WILL.AND THAT TIME TWO DAUGHTERS HAD KNOW ABOUT THIS WILL.THIS TWO DAUGHTER HAS FILED SUIT IN 2011 IN CIVIL COURT,IN 2013 COURT ADMIT THE RIGHT OF TWO OTHER DAUGHTERS ON THIS PROPERTY.BUT COURT REFUSE THIS SUIT DUE TO LIMITATION.MY QUESTION IS THAT TWO DAUGHTER WERE KNOW ABOUT THIS WILL IN 1998.HOW CAN LIMITATION APPLY IN THIS CASE?BECAUSE 12 YEARS TILL NOT YET OVER...
R.K Nanda
(Expert) 16 July 2013
consult local lawyer.
SANKET UPADHYAY
(Querist) 17 July 2013
sir, my question is only that when will limitation act effect in above mention case?
1. when widow was make a will
OR
2. when her two daughters were aware about this will?
Dr. Jyothi Vishwanath
(Expert) 17 July 2013
Limitation period starts running from the date the daughters became aware about the will.
