Dhanraj Chauhan (translation officer. ) 04 May 2012
I have come to know after a long time...that one of my distant relative.. a seperated woman of my family.. had died in isolation leaving vast land property without any heir. And govt. confiscated the land as no one was there... Now after around 40 years of her death... Can I claim for the land and other property as I am the only legal heir of the lady...
SARVPREET SINGH GURNA (Advocate) 08 May 2012
Dear Mr. Chauhan,
I must assure you that you have every right to reclaim the land, provided you are able to establish your credentials of being the legal heir and that you did not have the knowledge of this property earlier as well. The appropriate remedy for you is to file a Civil Suit for seeking a declaration of your right and that the transfer to the Govt. be declared null and void. You should seek an additional relief of mandatory injunction for getting the land transferred in your name. As mentioned earlier, your plea must be supported by an averment that you were not in knowledge of this property more than three years back, failing which, your right could be defeated on account of the Law of Limitation, which bars suits that are brought beyond the period specified for the same. If the court is convinced about your status as the rightful legal heir, you shall succeed in establishing your claim over the 'vast' piece of land, and in that case you shall have enough reason to celebrate! :)
Sarvpreet Singh Gurna
Advocate
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