• Query regarding claim of heir

Hi,
I have couple of queries related to my previous query on heir posted earlier. Here are they:

1. Is there a cut-off period beyond which people cannot dispute a sale deed transaction for the claim of heir? Is that period 12 years?

2. Is RTC a valid and enough document in case a wife has signed the sale deed after her husband's death who was the original owner of the property? No death certificate, will, family tree, NOC from other heirs etc  available.

Thanks,
Jayant
Asked 1 year ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) if minor was one of the legal heirs and property has been sold without obtaining consent of court for minor share in property then on attaining majority within period of 3 year  he  can challenge the sale deed 

2) it all depends who would be legal heirs of the husband on his demise .  if he is survived by his mother , wife and children then wife cannot unilaterally sell the property . for minor share she would need court consent . for mother share her consent would be necessary 
Ajay Sethi
Advocate, Mumbai
27291 Answers
1483 Consultations
5.0 on 5.0
1. Yes time is 12 years.
2. On the death of the husband, his mother, widow and children, If any, are the legal heirs. So if any of them are left out they come later to claim their share. 12 years will be counted from the date of knowledge.
Devajyoti Barman
Advocate, Kolkata
6901 Answers
78 Consultations
4.9 on 5.0
To dispute or challenge a registered sale deed and to declare it as null and void, it should be done or a suit to be filed within three years from the date of the knowledge of the said cause


What is RTC?
The wife cannot execute the sale deed on her own for the entire properties without a registered power of attorney from other legal heirs authorising her to  do so, nor she can claim ownership for the entire property of her husband.  She can sell only her share in the intestate property,that too if it is not partitioned, she can sell only her undivided share in the property and not  any particular portion as her share. 
.
T Kalaiselvan
Advocate, Vellore
17427 Answers
165 Consultations
5.0 on 5.0
1. There is no 'cut-off' period. A sale which is illegal can be challenged even after 100 years.

2. After the death of the husband if the wife is his sole legal heir she can sell the property to anyone she desires whereas if she is not the sole legal heir she can sell the property only if a POA has been executed in her favour by the other heirs.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
1. Yes, there is a limitation period of 12 years for filing such cases,

2. However, if you can establish that you came to know about the said illegal act much later than when it was actually registered, then your date of limitation will be considered from the said date of your coming to know about the said illegal transaction and registration,

3. No. Legal heir certuificate is required to claim inheritance of the property. 
Krishna Kishore Ganguly
Advocate, Kolkata
13577 Answers
291 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
17427 Answers
165 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
27291 Answers
1483 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13577 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6901 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
971 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2029 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1299 Answers
71 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
5.0 on 5.0