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Atik Pathan (Business)     15 January 2026

Limitation for ancestral property

Purchased by sale deed property on 29/11/2005,from 'A' undivided ancestral property share 25 %( out of 4 brother) mentioned in mutation , 2 sister name was in other right column without any share mentioned ,one sister settled ,but one sister had expired in year 2000, and 'A' told that the dead sister had no legal heirs, but in 2011 legal heirs were entered thru mutation in other rights,out of this land I have transferred  half to by real brother by gift deed, now that is in year 2026 this legal heirs are claiming right, does as bonafide purchaser I have merit in my case ,also does limitation act provide me relief in this case.



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     15 January 2026

The legal heirs of the deceased owner of the property have rights for a legitimate share in the property.

It will not be barred by limitation if the partition was done fraudulently without the knowledge or consent of all the legal heirs.

You may have to challenge the suit on merits or you can enter into a compromise settlement.

Atik Pathan (Business)     15 January 2026

The legal heirs entered there names by mutation 15 years ago( i.e. in 2011),  hence they were totally aware of  my sale deed which was done  in 2006, hence under limitation act doesn't claim get dismiss of legal heirs?

T. Kalaiselvan, Advocate (Advocate)     15 January 2026

If they file a suit for partition seeking their share in the property, the chances are that they may get a judgement in their favour.

Dr. J C Vashista (Advocate )     16 January 2026

The facts posted involve law of successtion as per personal laws applicable in respect of the deceased, besides share of successor(s) in undivided ancestral  property. 

Both sisters or their legal heir(s) have equal share in the intestate ancestral property, which cannot be without any share as stated by you .

Mutation do not confer / transfer title (ownership). Endorsement on  right side cannot debar right of sisters (daughters of deceased)

It would be appropriate to show the documents to a local prudent lawyer for proper analyses of facts and professional advise. 

P. Venu (Advocate)     16 January 2026

The facts posted are vague and disconnected. 

What is the personal law applicable?

How is that the property is ancestral? Please note that ancestral property is peculiar to Hindu Law, that too, in specified context.

Mutation does not create, destry or alter title to the property.

In the absence of material particulars, the posting is more of a riddle than a query.

Atik Pathan (Business)     16 January 2026

P.Venu ji

I have given actual fact but feel u didn't connect, ok

In short I want to ask ,a brother sold ancestral property of himself and his sister who had expired in 2000 ( was told by seller she don't have legal heirs) after more than 12 years legal heirs approached to claim their share,hence I want to know doesn't their claim get barred under limitation act.

Dr. J C Vashista (Advocate )     17 January 2026

You have not clarified basic  question(s) on the subject query raised  by the expert.

It is appropriate to show relevant records to a local prudent lawyer for proper analyses of facts/documents, professional advise and necessary proceeding.  

T. Kalaiselvan, Advocate (Advocate)     21 January 2026

The crypto business promotion advertisements posted here is irrelevant to this forum.


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