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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


 2 Replies

Advocate Bhartesh goyal (advocate)     15 March 2023

In your case priciples of adverse possrssion does not apply.

Your mother and her sisters are entitled to get their share in Delhi flat.

Yrs, yourmother and her sisters can file partition suit and claim their share.No restrictions of limitation period to file partition suit.

sam@gmail.com (Student)     15 March 2023

Thank you for your kind reply sir.  

As I understand there is no limitation if the flat is still in Grandfathers name. Even after 12 year period can the share be claimed. 

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