Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Deepak s   16 April 2020

Time limit to claim ancestral property

Hello Sir/ Madam

My grandfather has an ancestral property in village from Karnataka. Grandfather died in 2009 without any will. My mother and her 2 brothers are legal heirs to the property. But my uncle's have transferred the property in their name without informing us and my mother has not given any consent. The incident came to my mother's notice 2 months ago. What is the time limit before which we must challenge this illegal transfer in court and claim our share.


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 10 Replies

Vishnu P Sopanam   16 April 2020

Dear Deepak ji

put an RTI regarding the transfer of aforesaid property.if things are right you can file case for partition of the property.Your mother has legal right for 1/3 share of the property.

Deepak s   16 April 2020

Hello Vishnu sir,

Thanks for your kind reply...we are discussing with my uncle if they are willing to settle things amicably....if they are not willing we will file suit....but we want to know the time limit for filing suit i.e before how many years after transfer we must file case ?

G.L.N. Prasad (Retired employee.)     17 April 2020

12 years from the date of knowledge of such sale of joint property and it can also be treated as a fraud as brothers are not having any rights to sell the sister's property without her knowledge and consent.  The facts are not adequate.  If the property is ancestral, the brothers might have partitioned the property with father during his life time.  In that case, the daughter can only claim 1/3 share in the property of her father alone.  Irrespective of rights litigation is not the ideal way as it may take many decades to get a settlement without certainty.

N. Sivaprakash, Chennai 984099 (Advocate)     17 April 2020

The time limit to challenge the Sale Deed is three years from the date of knowledge. Your mother has to file a Suit for Partition and also a prayer for Declaration that the Sale Deed executed by her brother in favour of the third party is null and void. As said by you if they are willing for a compromise well and good, if not file a suit without waiting any further.

Deepak s   17 April 2020

Hello sir,
Thanks for your reply ...I would like to add little clarity here...my uncle have not sold the property to anyone just that they have transferred all property in 2018 to their name without my mother consent.....The transfer happened recently many years after my grandfather death i.e 2009. Pls confirm if limitation period is 3 years or 12 years in this case....

P. Venu (Advocate)     17 April 2020

How is that the property is ancestral? It could be that it is not so, if you ascertain the source of title to your grandfather.

Anyhow, on the death of the gradfather the property is jointly vested with the all the legal heirs including your mother. She cannot be excluded unless and until she volunteers to relinquish her share through a deed, duly registered.

There is no limitation in the instnt case since the property vested with all the legal heirs.

Dr J C Vashista (Advocate)     17 April 2020

Your mother should file a suit for partition in civil Court through a local prudent lawyer where the property is located, she is entitled for an equal share with her brothers.

Donot delay any more. 

Deepak s   17 April 2020

Thank you all for the reply...As informed earlier if my uncle are not willing to settle amicably then definitely we will file for partition suit....that is why I wanted to know the limitation time...@P.venu sir thanks for clarifying regarding time limit...

Deepak s   17 April 2020

Also to add clarity I know it's ancestral because my grandfather got it from his grandfather

Dr J C Vashista (Advocate)     19 April 2020

Mr. P Venu, an expert on the subject has specifically mentioned qua limitation of 12 years from the date of knowledge, which has not been contravened or nagated by any other expert implies the opinion / advise is perfect and final.


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