Query regarding claim of heir
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.
Asked 2 years ago in Property Law from Bengaluru, Karnataka
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
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.
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.
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.
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.