Nagpurian (Self) 20 March 2013

Land grabbing realised after 40 yrs

1 ---- My Grandfather (G) had 1 Daughter (D) + 2 Sons (A) and (B)

2 ---- My Grandfather (G) entered into an AGREEMENT TO SELL against 100% Payment for 2 plots in 1969 with one Co-Operative Hsg.Society(C) in Nagpur, Maharashtra.

(Possesion of both plots was with My Grandfather (G))

3 ---- My Grandfather (G) died INTESTATE before the SALE-DEED could be executed in same year 1969.

4 ---- This deal was in knowledge of only the Daughter (D) who died in 1992 whereas

5 ---- (A) + (B) had no knowledge of this transaction till both died intestate in 1984 & 1992 respectuively

6 ---- Daughter (D) supressed the facts and grabbed both the plots. Thereafter she built houses on both plots in 1979.

7 ---- The PROPERTY CARD of said houses/Plots is still in name of the Co-Operative Hsg Society

8 ---- The Land Grabbing came to our notice of LR's of (A) &( B) yesterday.

QUESTION -->

A.----- By What Procedure can WE [LR's of (A) &( B)] RECLAIM our RIGHTS in property

B.----- Is there any limitation to the number of years till which we can RECLAIM our Grandpa's property >

Reply Follow

5 Replies

Advocate Rohit (Advocate) 20 March 2013

you may file a partition suit before the District Court and claim partition of the ancestral property under Indian Succession Act and if you are an Hindu then under Hindu Succession Act.

The said action needs to be done within 3 years from the date it came to your knowlegde about the property. otherwise it shall be barred by the limitation period.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 March 2013

Since it was not executed of agreement to sell the property, your grand father is having titlle of the property. The property share will be equally between two sonsand one daughter in the proporation shares in caseof intestate property.