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joseph rodrigues (courier service)     11 February 2015

Efflux of time

hi,

i am a resident of mumbai, i have recently filed for inventory of my ancestral property in goa in 2013 after the death of my mother [owner] in 2011, to which my brother and i are legal heirs.

but recently my brother has filed and application in goa court in the same proceedings saying due to efflux of time i have lost rights to the ancestral,

i have always visited my mother every year during christmas and easter, but i dont have enough photos...i never imagined  i should take photos of my visit to my mother.

how do i prove that i have not lost the rights to my mothers property?

what evidence documents do i require?

 

thanks

any help will do

 



Learning

 6 Replies

Santhosh.A (Advocate)     11 February 2015

when ur mother got expire 

 

joseph rodrigues (courier service)     11 February 2015

she expired 10 jan 2011.

kavksatyanarayana (subregistrar/supdt.(retired))     11 February 2015

HOW DID YOUR MOTHER GET THAT PROPERTY? IS IT FROM HER PARENTS OR HUSBAND?  HOWEVER AS YOUR MOTHER HAVING ANCESTRAL PROPERTY, IT CAN BE DEVOLVED BETWEEN ALL THE LEGAL HEIRS OF YOUR MOTHER.  IT IS ADVISABLE TO CONSULT A LOCAL LAWYER, AS YOU HAVE ALSO A SHARE IN THAT PROPERTY.

joseph rodrigues (courier service)     11 February 2015

my mother got that property from her mother, and had been the owner for the last 50 years.

its just that i moved to mumbai in 1982 and started working here and became a permanent resident inmumbai,, i would visit my mother every christmas and easter, i would send money to her bank account...

 

can i submit bank transfer slips to my mother, i have mostly paid all her medical bills and when she was ill i would come to goa and take care of her....

i want to know what documents are requried to remove this efflux of time application made against me?

Kapil Chandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 February 2015

Dear, Nothing life efflux of time applies in ancestral property.. You have a birth right in the said property if you are Hindus ..... Kapil Chandna Adv 9899011450

Mohammed Ameenuddin (Sr. Legal Manager)     14 February 2015

Since, its your ancestral property, the Limitation Act. 1963 does not apply. At any point of time you can claim your share from your ancestral property, as your counsel to fight for your share.


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