limitation act 1963


I have a property that cames to me during the partition, but it is registered in the name of my elder brother, the property has been in his name for 10 years.
According to the Limitation Act 1963, after 12 years, that property cannot be in my name?
 
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This property that was registered under your brother's name, how was it acquired?

 
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I hope your query is vague. A co-sharer can transfer his undivided share but no possession can be handed over to the vendee. Even if you sell the property without the consent of the other co-owner the vendee can claim the possession through partition only. Without the consent of the other co-sharers if you transfer the possession that possession cannot be recognized as legal possession. If you want I will provide Judgment.

V E MANOJ KUMAR

HIGH COURT ADVOCATE

8686159292

 
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that property was acquired by the inheritance.
 
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Retired employee.

"I have a property that came to me during the partition, but it is registered in the name of my elder brother, the property has been in his name for 10 years."

The first explanation required:  How property came to you in the partition was registered in the name of your brother, and who has registered such a document? and why you have remained silent.

Every registered document can only be canceled by order of the competent court through a competent court order only by filing a "declaration suit" in right time explaining legally valid explanations supported by documents.

 
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I got the point. thanks for the explanation.
 
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Lawyer

Facts are vague and confusing.

Inherited property shall devolve equally amongst all surviving members of deceased ancestor. If there is any error that can be rectified.

Even then if one of them (surviving member) is adamant to retain entire inherited property file a suit for partition, possession and mesne profits through a local prudent lawyer. 

 
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Advocate

your query have no clarity

post you query with clear understanding, what you want to place before us for resolution, so far.

thanks

 
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