• Is it legal to claim a property after 12 years

My father died instate in the year 2006 Jan without any will. He was survived by my mother, myself and his mother. After his death my mom had got katha and everything registered in her name and payed tax up to date without any due till date.
We planned to do construction in the front portion of the property and released portion of the property to me as bank suggested to give loan and we started our construction.
Now my father's brother has sent a notice through my grand mother claiming their share after almost 12 years 10 months 
To add to that he has got that portion of my father's mother in his name through a gift deed.

I understand since my dad has died instate portion of the property belongs to my father's mother.

The property was not self acquired by my father, it was transferred through a gift deed by his mother to him(same person who is claiming it now)


1. Is it legal to claim the right to the property now after almost 13 years?
2. Is the document valid which my father's brother has got it registered?
3. Is the release document valid which my mom has given it to me
Asked 2 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu

1) grand mother claim is not barred by limitation 

 

2) she can claim it after 13 years also 

 

3) mother can relinquish her share in property 

 

4) gran smother can execute gift deed in favour of your uncle 

Ajay Sethi
Advocate, Mumbai
61302 Answers
3720 Consultations

5.0 on 5.0

1. See since she is co-owner of property by virtue of partition so she can claim her share after 12 years it is not barred by limitation.

2.Yes a registered gift deed for mothers share is valid.

3. Yes as mother was co-owner her release deed for her share in your favour is valid.

Shubham Jhajharia
Advocate, Ahmedabad
15304 Answers
63 Consultations

5.0 on 5.0

1. It is barred by limitation. However condonation of delay is possible.

2.  If your grandmother has executed an adequately stamped and registered Gift Deed in favour of your uncle, to the extent of her share in the property, then it will be in order. However, one has to study the wordings in the deed.

3.  If your mother has executed an adequately stamped and registered Release Deed in your favour, to the extent of her share in the property, then it will be in order.

 

Shashidhar S. Sastry
Advocate, Bangalore
1934 Answers
129 Consultations

5.0 on 5.0

Your grand mother can claim her share in deceased son property. 

property of a Hindu dying intestate devolves upon his heirs of Class I  i.e widow you mother, sons, daughters and mother of deceased person that is your grand mother. 

Your grand mother can execute gift deed to your uncle is valid. 

Release deed is valid but not entire property only her share. 

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

1.May be claimed no bar as and when came into the knowledge.

2.Without the knowledge of your great grandma every document is false, please check it,when it has been registered who are the witnesses and enquire from the witnesses also.

3. If the release document is registered then valid otherwise not.

Also verified that the gift deed by your grandma in the name of your uncle is registered or not, if not then all the claims are false. 

Koshal Kumar Vatsa
Advocate, Gurgaon
1331 Answers
1 Consultation

5.0 on 5.0

1. It is true that after Death of Father (intestate), his properties shall be divided amongst his Wife, Mother and yourself (children). BUT THIS DIVIDING REQUIRES A PROPER "PARTITION DEED" OR court order.

2. IF fathers mother has gifted the "non-partitioned property", THEN it is illegal and is easily challengable.

3. Mother can execute "release deed" in your favor for her share, AGAIN provided the property is property partitioned, more so since non-partitioned properties have no dimensions or locations or areas on any documentations.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1812 Answers
10 Consultations

5.0 on 5.0

You have been in possession of the property including not only your share but also your mother's share (through a release deed) and the grandmother's share (which she transferred to your uncle under a gift deed)

In this matter the property is not divided and partitioned into three separate portions of each legal heir of father

So there is no specific portion out of this property which can said to be exclusively belonging to your uncle 

However you are in possession of entire property 

As the uncle didn't take any steps to claim his portion in the property and also allowed construction to happen on the undivided plot, it means that he has given up his share in the property since a period of more than 12 years have lapsed since you have been in exclusive possession of the property adverse to that of the uncle

So his claim is clearly time barred

Yusuf Rampurawala
Advocate, Mumbai
3883 Answers
16 Consultations

5.0 on 5.0

Limitation issue will come and suit may not be admitted. He may try to file condonation of delay. But prima facie suit is time barred. Validity can't be decided without studying the same. You can challenge the validity in court. Yes it's valid but if court admits their share them automatically that release document will come into question.

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

Release deed by mother for her share in property would be valid 

 

grandmother gift deed would be valid for her share in property 

Ajay Sethi
Advocate, Mumbai
61302 Answers
3720 Consultations

5.0 on 5.0

1.  IRRESPECTIVE of the 12 years period, Both the documents, in the circumstances are invalid, due to the fact that both the documents are executed for non-partitioned properties, wherein property dimensions /demarcations /plotting could not have been mentioned.

2.  ONLY way now is to settle amicably by executing a registered "Family Settlement Deed", mutually signed by ALL the related Legal Heirs of the Deceased, with strategic clauses, clearly defining the division of properties which would belong to which person and so on.

3.  In the absence of above, the matter will have to go to Civil Court, for proper adjudication and order.

Hemant Agarwal
Advocate, Mumbai
1812 Answers
10 Consultations

5.0 on 5.0

Both are valid and legal . Based on the released deed you got mother's share and further based on the gift deed uncle has share of the mother in property and he can claim same.

Purchase uncles share through registered deed to avoid issues.

Shubham Jhajharia
Advocate, Ahmedabad
15304 Answers
63 Consultations

5.0 on 5.0

Dear Sir,

Over the period of 12 years the principle of adverse possession coming to play and the person in possession for continuous period of 12 years deems to be perfected his title by way of adverse possession. Such cases will be dealt with experienced lawyers.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3970 Answers
92 Consultations

5.0 on 5.0

1.release document executed by your mother is valid but not your grand mother share. 

2.Gift deed executed by your grand mother to your uncle is valid and he can claim share in property. 

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

Both the executors are right in their place but as the property has come by inheritance then it will be seen that whether the executor has how much right to do so, as your grandma is executing her share and the deed is registered then it can't be denied that she has no right in the property, so your mother has executed for her, so please see as I advised earlier that if the documents are registered or not if so then go accordingly.

Koshal Kumar Vatsa
Advocate, Gurgaon
1331 Answers
1 Consultation

5.0 on 5.0

If the share is established in the court of law both the release deed and gift deed will be redundant

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

Dear Sir,

No, they can not claim the right of the property after 12 years.

The law on adverse possession is contained in the Indian Limitation Act. Article 65, Schedule I of The Limitation Act prescribes a limitation of 12 years for a suit for possession of. immovable property or any interest therein based on title.

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

1.  There is no legal infirmity in it, she can claim her share in the property as a legal heir of her son, there is no limitation for it.

2. That document has to be scrutinised to opine any opinion about it.

3. If this was a registered release deed relinquishing her rights then it can be held valid.

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

Since this property belonged to your deceased father, it devolved equally upon all his legal heirs equally after his intestate death.

Therefore your grandmother can transfer her share to anyone of her choice thus the registered gift deed can be held valid.

Your mother executing a registered release deed relinquishing her rights in the proeprty ion your name is also valid.

If this matter comes before court then the matter will be solved a per law 

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

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