sam@gmail.com (Student) 15 March 2023

Legal heir claim in deceased fathers property

Dear sirs,

My maternal grandfather passed away 6 years ago. He has one son (my uncle) and four daughters. He left behind a self acquired apartment in Delhi which is occupied by my uncle. He also had an apartment in Lucknow which was sold years before my grandfather died.

He had a will in which he mentioned that the movable property like shares and cash etc. And lucknow flat will go to my uncle. The will does not mention the flat in Delhi.

At the time my uncle tried to convince his sisters to transfer their shares in delhi flat to him by giving NOC but they refused.

They have not been regularly speaking since last 6 years.

I would like to know about the 12 year rule and adverse possession in delhi.

The flat has not been transferred and is still in my grandfathers name.

Will my mother and her sisters be unable to claim after 12 years ?

Does adverse possession apply in this case?

Can a partition suit be filed since it's been 6 years?

Thanks and regards

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Quick Summary

This discussion concerns a legal heir's claim to a deceased father's self-acquired property in Delhi. The property is currently occupied by the deceased's son, while the daughters (including the mother of the enquirer) have refused to transfer their shares. The enquirer is asking about the 12-year rule and adverse possession in Delhi, and whether their mother and aunts can still claim their share of the flat, which remains in the grandfather's name. The advice provided clarifies that adverse possession does not apply and that the daughters are entitled to their share, with no limitation period for filing a partition suit.