Delay of 27 years in filing case would prove fatal to the case
what is explanation given by son of A for filing case after 27 years
Case of property
My maternal grandfather had a property in his name.He died in the year 1988.After his death the property got transferred to my maternal grandmother.They have two daughters A and B.My maternal grandmother made a will to transfer the property to daughter B.She died in the year 1991.The property got transferred to my mother B in the year 1993 through her will.Now its been 27 years the property was in the name of B.Now in year 2019 son of A has put a case against my mother B for the claim on that property.After such a long duration of 27 years can he get a legal claim on the property.
Asked 5 years ago in Property Law
Religion: Hindu
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16 Answers
1. It's not clear how your grandmother became the owner of the property.
2. On death of your grandfather both his wife and children became its joint owner unless he gave a Will in favour of his wife or gifted her during his lifetime.
3. If neither of these happened then on death of A her children have got equal share in the property. Suit is hence maintainable and would succeed.
1)The reason given by the son of A (A is still alive and the case has been filed by her son using power of attorney) is due to medical problems.At the time of transfer in year 1993 age of son of A was 20 years which is now 47 years.Any medical certificate has not been presented by A or her son. 2)The transfer of property to maternal grandmother had been done via(Aapsi batwara) mutual sharing it is showing in the records.
Asked 5 years ago
The delay of 27 years in filing suit would prove fatal to the case
First of all upon the death of your maternal grandfather the property shall devolve upon all his three legal heirs equally namely his wife, and two daughters.
Therefore the Will by your grandmother is not valid to entire extent of the property.
Son of A can file a suit for partition seeking his rightful share out of his mother's share(if his mother is not alive).
There is no time limit for this.
1. You may be aware of the law that A need not quote any reason for claiming her legitimate share in the property even at this belated stage.
2. It is not legally valid especially when someone is contesting on it.
What is the question. If you need to challenge the same then file a suit for cancellation of that transfer instrument
The property belonged to both the daughters. The will is invaild and Illegal. You should file an injunction against the property so that she cannot sell the property.
The will is invalid. A has a right to property.
A have 1/3rd share in the property but now her claim is barred by limitation. Her son can file case on her behalf thruogh POA. No medical certificate require.
Aapsi batwara between whom ?
No
1. No claim of your cousin is barred by limitation period and he cannot claim share after 27 years of property transfer on name of your mother.
2. Moreover the property is transfered on name of your mother is through will of your grandmother and not through intestate inheritance.
- Since, the said property came to your mother by way of WILL by the maternal grandmother , and not from A, then son of A cannot claim over the said property.
- Further the limitation period of filing a suit is three years from the date of WILL or knowledge .
- Since already 27 years has been passed , then his case will not maintainable before the court , if he files.
- Further , as A already alive , then her son having no right to claim during her life time as well.
1. Ask for medical Certificate via court. Legally they cannot claim.
2. They can't claim
The limitation for filing the suit for partition under Article 65 of the Limitation Act, 1963 is 12 years.
Yes he can
Dear Sir/Madam,
You are suggested that whatever the reasons be cited by A or her son, the case is bound to be rejected on 02 grounds. The first is limitation and the second is her concealment of facts.
