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Right to sue

(Querist) 14 June 2012 This query is : Resolved 
One of my friend brought a land in 1989 from Mani Iyer and his 3 son which is an ancestral property by virtue of Regd.partition deed in foavour of Mani Iyer in the year 1980. Now in 2012 another 4TH sons with a valid legal heir certificate issued a notice to my friend that he is having a part right over the property and hence he issued legal notice that he will file civil suit.Crl proceeding against all inclusing my friend.Now my question is whether after 12 years of sale whether he has the right to sue. BECAUSE the sale was executed by mani iyer and his three sons in 1989 but they have not said about the 4 th son.We came to know that till mani iyer was alive he never accepted this 4 th son as part of the family due to some family conflict and hence he made his self acquired property as a will to wife and three sons only in the year 1996. now he is trying to create the nuisance. Pl advice me on this situation.Mani iyer expired in the year 2007.


M.Sheik Mohammed Ali (Expert) 14 June 2012
dont worry about that because more than 12 years over so no need to bother, if 4th son file a suit you take compensation action against him.
ajay sethi (Expert) 14 June 2012
how did 4th son get a legal heir certificate? if he is not deceased seller son then no certificate would have been issued .

let him file case . you will have to raise the defence that as per partition deed mani iyer had only 3 sons.

any how suit filed after 10 years . raise plea of limitation
Anirudh (Expert) 14 June 2012
All our answers will go for a sixer, unless we know the real contents of the legal notice.
Shonee Kapoor (Expert) 16 June 2012
What are the contents of the notice?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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