After how many years any one can claim in propert


respected sir, 

 We have a  land which belong to my grand-father which was divided among 3 sons out 5 sons acoording to 1952 saat bara  .In 2010 the remaining 2 sons grand son claim that the property belong to their grand father and should get a share of land.Problem 1 -No will of grand father . problem 2 - can any claim their share after 60 years when all legal documents are in 3 names of 3 sons for last several years.  problem 3- is their any importance to saat bara of last 60 years which claim only 3 owners

 
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Advocate & Notary

Mutation in revenue records is only for fiscal purpose(taxes)it does not creat any right in property it is property of hindu undivided family you can file suit for partition and possesion at any time


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Advocate

Dear Gautam,

1.The grandsons are entitled to a share in coparcenarty property if they are governed by HUF

2.As you mention there is no will , in that case all the sons of the your grandfather are entitled to a share of 1/5 th of  their father's property.

3. The grandsons will then be entitled to a share which their fathers would have received had there been a partition amongst their uncles.( technically, 1/5 + 1/5 =2/5).


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Dear Sir,

What about the Limitation Act?

 
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Advocate & Notary

There is no limitation for partition of huf property any member can seek partition at any pt. of time

 
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Thanks.

Regards,

mc

 
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