LIMITATION ACT : AFTER HOW MANY YRS DECREE BEOCMES VOID

BHUPAL SINGH (Querist) 10 October 2009 This query is : Resolved
Dear Sir,
My father inherited agriculture land in 1952. Later he transferred about 14 Acres to my mother. On the death of my mother the land was divided between sons & daughters equally in 1982 and mutation was done in revenue records. My 2 sisters later on trnsferred it back to my father vide family settlement decree in Distt Court in 1991. Mutation was not done & the land continued in the name of my sisters in Patwari records till to-day.My father expired in 1999. Cultivation continued on joint basis and we kept on drawing our respective shares of income. My one sister also started drawing her share after demise of our father. Initially our youngest brother with whom our father was satying & who is very close to the village, was managing it jointly. Later two of us brother satrted independent cultivation of our share. For some yrs my one sister kept getting her theka share but about 4-5 yrs ago my youngest brother stopped giving her share. Now he has produced an unregistered WILL of our father (which probably is fictitious) in his own favourstating that all properties will be inherited by him & hence he says that he will not give share to our sister. The land is still in the name of my sister in Patwari records. My sister has filed a case to get possession of her share, which is pending. My questions are---
a.Can my younger brother legally claim
that since as per the WILL he will
inherit all properties of our father,
he will NOT give share to our sister,
even though the mutation was not done
in favour of our father after the decree
and the land continues to be in the
name of our sister ?

Follow Query

Report Abuse