Suit ought to have been filed within 3 years of attaining majority
2) claim of children is barred by limitation
Can daughter and son claim their father's ancestral property in year 2016 i.e sold in year 1987
HI All. I am purchasing a biaapa approved dc converted residential property in bangalore.The land of 1.5 acres on which this layout is made, was sold by one Mr. Ganesha to Mr Biddappa in the year 1987 through registered sale deed.Then Mr Biddappa sold the same land to Mr Reddy in year 2006,Then Mr Reddy sold the land to Mr Jain in the year 2008,Then Mr Jain sold the land to Mr siddarth Gowda in the year 2010,then Mr siddarth gowda sold land to Mr Kumar in the year 2016 and developed it into residential layout in 2016 with all approvals.Now the daughter and son of Mr Ganesha who sold in 1987 filed a case demanding their land share after 29 long years i.e on 2016.( 1987-2016=29 years,5 sale transactions ) delay.Daughter is now 45 years of age and son is 41 years now while they filed the case.Is this case valid and can they claim their rights now after 29 years of sale and after so many same transaction happend from 1987 to 2016.Now the land is fully developed into an approved residential layout.What are the limitations in law to claim the fathers property after such delay? should i proceed buying this plot?
Asked 3 years ago in Property Law
Religion: Hindu
16 Answers
No if it's sold legitimately in 1987 it can't be claimed now
No, they can't file case the limitations is to file case is 12 years and at that they must be minor. ANd in where first sale deed, encumbrance clause may be mentioned in it.
1. Before buying the plot, obtain legal opinion for the property from a Lawyer.
2. The claim by the children of the erstwhile seller after a lapse of 29 years is barred by limitation.
- If the said property was self acquired property of Mr Ganesha , then he was free to sell the same to Mr Biddappa , and none has right to claim in the said property and the said sale transaction was valid .
- Further , if the said property was an ancestral property of Mr. Ganesha , then after his death his legal heirs can claim a right over the said property after filing a Partition and declaration suit before the court.
- The limitation period of filing the suit is 3 years from the date of knowledge.
- Further , at the time of selling the property by Mr Ganesha to Mr Biddappa , the said daughter and son were minor, , and for selling their share court order was needed in case of ancestral property.
- But , the limitation period for getting their share is only 3 years from the date when they become major.
- Since, they are now 41 and 46 years old , hence they cannot get any share in the property which was sold by their father , and the case filed by them is not maintainable legally.
- Hence, you can proceed for purchasing the same , if you cannot wait for the outcome of the case filed by them.
Their claim is somewhat invalid after so long delay. But the thing that is to be seen is what ground they have taken for condonation of so long delay.
First of all they've been induced by local land mafia to file such non maintainable cases.
It's not known that on what basis are they making this claim now.
However you can fight it out properly on the basis of documentary evidences and merits in your side.
Limitations 3 years.
But it differs to the disclosure of information.
The suit can be filed within 3 years of the sale deed. How are they raising the issue now when so many transactions have been made!!
Go through the suit to have a better understanding of their grievances. I don't think they'll get anything. On what grounds are justifying the delay.
You should go ahead with the purchase.
No, their claim will not stand before the court unless the transaction was illegal.
1. The case filed by the son and daughter of Mr. Ganesha is not maintainable since it is barred by limitation.
2. Moreover, if the said property stood in the name of mr. Ganesha only, then his children will have no right on it.
A. First, claims of son and daughter of Ganesha is barred by law of limitation Act. 99% Court never entertain such types of litigation. However, in some exceptional cases, Court may consider the petition just condonation of delay on valid grounds for delay.
B. In order to prove ancestral property they must have established 4 generation acquisition within the family without any interruptions.
C. Therefore, in my opinion they can't claim the property as the property transferred very long back. They should have claim the same with in 3 years from the date of attain majority if they were minor during the execution of sale deed.
Barred by limitation. They could have file within 3 years that also when it was ancestral property.
Issue is how and from where ms. Ganesha acquired this property ? Is it self acquired or inherited ? On this only depends if purchase should advise or not.
As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.
1. No they cannot claim their share after 29 years of sale because their limitation period started when they turned 18 years of age which is 3 years from date of attaining majority.
2. Their suit is highly time barred.
3. You can go ahead with purchase if there is no stay on further sale of property but my opinion is that you should go for some other property which is free from legal dispute.
Dear Sir,
The case filed by son and daughter is not valid and also not tenable in law due to limitation, You buy the said plot.
