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Vimal R   08 January 2021

Law of limitation for legal heirs' rights claim

We're about to buy a property which was partitioned between the legal heirs 30 years back. They say they don't have legal heir or succession certificate.

Now if we buy that property, and if there are other legal heirs, can they claim their rights now or law of limitation will bar their claim? Please assist.. thankyou


Learning

 1 Replies

Nandini Warrier   12 January 2021

Good afternoon,

If the property was partitioned 30 years ago, it is assumed that the property was inherited by the legal heirs 30 years ago, or before that. 

If you're buying the property after 30 years of the inheritance, then the other legal heirs (if any) are NOT eligible to claim their rights now. 

This is because the other legal heirs have 12 years to claim their rights on the immovable property according to the Limitation Act, 1963. If the other legal heirs haven't claimed their rights on the property for 30 years, even after the partition, then they have lost their rights to claim the property. 

Please refer to this link to find a similar query and answer to this for more understanding- https://www.lawyersclubindia.com/experts/legal-heirs-262986.asp

Please refer to this link to find out the supreme court decision regarding the same- https://timesofindia.indiatimes.com/india/owner-must-act-within-12-years-or-squatter-will-get-rights-sc/articleshow/70579663.cms

Hope this helped!

Regards,

Nandini.


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