• Inheritance case filed by my grandfather's sisters

Our land was sold by my grandfather to a non relative in 1968 which was inherited by him for some money 
This property which was in turn brought by my grandmothers father in the name of his wife. 
Later on the property was donated to my grand mother by ther mother.
Now the property is in my name.

But now my grandfather's sisters Who are 85 & 83 have filed a case asking for the share. 

But as of now the property is not hereditary as per my knowledge as my grandfather had sold it. 

My grandmother grandfather and my father are no more 
Do they legally stand a stable case. Kindly suggest please.
Asked 7 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

once grand father sold the land his sisters would have no share in property 

 

2) your grand mother would be absolute owner of property once it was gifted to her by her mother 

 

3) legally sisters would have no share in property 

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

If you are confirmed about your grandfather had sold this property then you don't worry about this case which will not be maintainable.

They may lose the case for want of concrete evidences supporting their claim.

 

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

they do not have any legal claim on the land.

Moreover, the claim is barred by limitation 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1)Your grand father sister's  have no rights to claim. 

2) the period of limitation is 12 years which commences from the date when the alienee took possession of the property alienated. The taking of possession of the property alienated by the alienee is the event from which the period of limitation has to be calculated.

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

there is no limitation to claim share in ancestral property 

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

Dear Sir/Madam,

Firstly it is not a ancestral property since it is not coming from last four regenerations. Secondly it is time barred as the suit for partition to be filed within 12 years of cause of action. Get file an application under order 7 Rule 11 of Civil Procedure Code and say suit is barred by limitation without prolonging the trial of the suit.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1) If the inherent property is under your possession as of now than you have to give share in the property because this property is ancestral from maternal side and not from parentals side. So their rights are equal as compared to your grand father.

 

2) As you side if that whole land is sold by your grandfather and he is no more than need not to worry about this case.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

if its not ancestral then they dont have any share.

Prashant Nayak
Advocate, Mumbai
34582 Answers
249 Consultations

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