Dear Sir/Madam, My grandfather 'G' was executed a registered gift deed to his wife an extent of 4 acres in 1971 and he was passed away in 1973. He had 4 sons 'A','B','C' and 'D'. 'B' & 'D' were residing in the same village and managing the properties both together including other properties. My father 'A' was resides outside and was forcibly executed a registered sale deed of his share 1 acre to wife of 'B' in 1981 and my father was passed away in 1983. 'B' & 'D' were hides Gift Deed documents from the entire family that was executed by my grandfather in 1971 and enjoying the properties till now and my grandmother was passed away in 1992. Now we came to know about that gift deed and understand that the sale deed was executed is false one. We are legal hairs 1 son and 2 daughters of 'A' are looking for our share in 4 acres property since we recently came to know about that fraudulent transaction. Pls clarify on the below my points. 1) Can we claim now our share under section of 17 (1) (D) of Limitation Act to overcome from limitation period since siblings of my father are fraudulently purchased his share by hiding gift deeds from the entire family? 2) What would be the impact of our shares in that property if that 4 acres of land was ancestral to my Grandfather or if not ancestral to my grandfather??? 3) Please suggest us if any favourable points to us to get our share If we go and claim our shares in the court ???
Your claim is barred by limitation
2) sale deed was executed by your father in 1981
3) 40 years have passed since execution of sale deed
4) if it is not ancestral property grand father could have executed git deed to grand mother
5) if it is ancestral property take the plea that grand father could not have executed gift deed in favour of grandmother
1. If your father was unaware of the registered Gift Deed executed by your Grandfather in favour of your Grandmother in 1971, then on what basis your father could have sold his share of 1 Acre to 'B' 's Wife through registered Sale Deed in 1981?. We have to study the narration in the sale deed to get the clarification in this regard. However, If it can be proved beyond doubt that the siblings of your father had hidden the fact of Gift Deed executed by your Grandfather in 1971 in favour of your grandmother, then you can take recourse U/s. 17 (1) (D) of Limitation Act.
2. If it were to be ancestral property to your grandfather, then the Gift Deed executed by him in favour of his wife in 1971 will be Null and Void. However, if it were to be self acquired property of your grandfather, then the Gift Deed executed by him in favour of his wife in 1971 will be legally valid.
3. Get the property papers evaluated by any Lawyer, to obtain candid opinion about your right and share, if any.
1) As per limitations act case won't stand in the court maximum time frame has been passed away i.e. 30 years.
2) If any one among you three siblings i.e. "A"s children were born before 1981 agreement then there are chance to have rights as per ancestral property law.
3) You have prove both the documents are false if you have such evidence with you.
1. You can very well file a suit for partition seeking your father's legitimate share in the property on the basis of intestate succession of the properties that were lying on your grandmother's name.
For the filing the parition suit, there is no limitation.
2. Since your grandfather had transferred his property to his wife by a registered gift deed, she becomes the absolute owner of the entire property that was transferred to her name.
Now, upon the intestate death of your grandmother in the year 1992, the properties lying on her name shall devolve equally on all her legal heirs, which includes your father also.
Since your father is reported to have died intestate, his share out of his mother's proeprty shall devolve upon his own legal heirs, hence you can very well file a suit for partition and seek separate possession of your legitimate share in that property.
3. In this situation you can ignore the event namely your father's sale deed to his sister in law etc.
Dear Client,
whatever share your father was eligible to get through the gift deed, you can claim for that property. if it the ancestral property, then you three will get your father's share of property. if it is not ancestral and is your grandfather's self acquired property, then since your grandmother died with out making any will, all the legal heirs will get the equal share in that property. you can ask your uncles for the original gift deeds and see if it is registered. if you can prove that the execution done by your father of that 1 acer is by force, then that execution is not valid. you can file for a petition in court for the original gift deeds.
Ancestral property comprised 4 acres of land through grandmother or grandfather. There were four sons to grandfather, father and three uncles. Each of sons entitled to one acre of ancestral land. If the sale deed executed in 1981 by father in favour of wife of B is fraudulent/bogus/forged you can very much challenge the same even today as limitation is not applicable to fraudulent transaction. It can be challenged as soon as fraud comes to light. File a suit for cancellation of sale deed of 1981 and declaration seeking recovery of possession.
yes you can claim the same as aforesaid
