Anonymous
13 May 2021 at 07:55
Sir,
The agriculture Land is the self acquired property of my Mothers' Father[Maternal Grandfather].
He died intestate in 1958 leaving behind his Son(A), daughter (B)(my mother).
On 24/2/2017, My uncle(A) sold the entire land showing Patta (Revenue document) as his title hiding the registered title deed which is in name of my grandfather.He hidden the presence of my mother(B). We came to know about this sale on 01/02/2020 and we sent a legal notice for partition on 04/02/2020 to my uncle and the person who bought the land.
They haven't replied for our legal notice.So we filed a partition suit in district court and prayed to set aside the registration which wont control my mother share in the property.Our case got filed on 04/03/2020.
My query is:
1) Do my case will be rejected on ground of Law of Limitation?
2) I came to know about this registration during 2019 which happened on 24/02/2017 and I sent a legal notice on 04/02/2020 .But case got filed on 04/03/2020 i.e. 3years and 9 days which exceeds the limitation of 3years. The court proceedings are happening.If the defendants Cites the Law of limitation,Will it be barred by law of limitation?
Kindly share your knowledge please.
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Grandmother property
Grandmother purchased a property of 2acres in 1956 in Tamilnadu
She sold one acre in 1963.
She was a widow .Due to explainable threatens from the co-share holders she didn't use the remaining land.
After resurvey in 1970,the Joint Patta still holds the name of my grandmother.
I made patta mutation from my grandmother name to my mother name.
The Title document is in my Grandmother name.
The nearby share holders(2 families) destroyed the boundaries and enjoying the land .
They dont have any tax paid certificates or proof of title for my grandmother property.
I planning for sub division of the property.
My query is:
1. whether the remaining land owners in the same survey land can claim adverse possession?
2.Can i file for partition suit?