You woukd not be entitled to any compensation now after lapse of 70 years
2) you can file RTI application as to whether any allotment made in your grand father name by govt of India after partition
1937 Pakistan property title Deed, found in 2018 in India
I do not know whether my Grandfather applied for allotment of land under rehabilitation act in India, during the horrifying partition of India and Punjab During 1947. But, i want to ask is there any way i can claim compensation now. Since, i have property papers in my Late Grandfather name ? Is there any way i can get to know from government records in India,did any allotment took place in his name or not and if i found can submit the proof for the same in 2018 ? or even without allotment letter can i claim compensation now. Its not easy for any man to leave his hard earned money, fortune, and start from scratch again which my father and my uncles did coming to India. If, in any way if i can claim that compensation with consideration and lawfully from Honorable Government Officials of my country, India, i will really feel proud of my Country Governance and system
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
Correction: During the Partition of India and Pakistan in 1947, When he left his land and came to India.
Asked 7 years ago
Civil matters has 3 years limitation. After this many years you cannot claim anything. Doctrine of delay and latches will be applicable barring the suit.
This can be done at settlement office. But this matter need more study to advise precisely as your claim may be barred by limitation if any or dead claim as raised after decades .
Another point - possibilities that govt. When invited for rehabilitation compensation, that could be open for a limited period and window may be closed. Still , claim can be filed , possible result from court only.
Do you have any records of the property that was lying in your grandfather's name either before independence or after that.
You have mentioned that you have property papers on his name, whether the properties are in India or in Pakistan?
The Indian law on enemy property is:
The Enemy Property Act, 1968 is an Act of the Parliament of India, which provides for the continuous vesting of enemy property in the Custodian.
The central government through the Custodian of Enemy Property for India is in possession of enemy properties spread across many states in the country.
The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property in the Custodian for the Enemy Property for India.
The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This applies retrospectively to transfers that have occurred before or after 1968.
The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.
Therefore you may revert with more details of the property that you would like to seek compensation now whether it is lying within Indian territory or in a foreign soil.
Correction: During the Partition of India and Pakistan in 1947, When he left his land and came to India.
If that is the case you cannot claim any compensation for that from Indian government at this stage.
He should have claimed compensation at that time when everyone were allotted lands for rehabilitation.