Hi There, I have a few questions about the inheritance of land in punjab. My father was born in punjab and now resides in Canada. There are 5 children in his family, 3 siblings were born in punjab and 2 in the UK. My dad's parents are both deceased now and my dad has very little information about his father's land details in punjab. It sounds like my dad's father put the land in the younger son's name ( sole ownership) who lives in the U.K, Today, my father wants to claim his share of the land. First of all does he have a case? Secondly,what are his chances of getting his share of the land in punjab? What does punjab law say? Are there statues of limitations laws that apply?
In case your grand father had executed will bequeathing land to your uncle and on basis of will land was mutated in uncle name your uncle would be absolute owner of la d
your father and his siblings must have executed affidavit granting their consent for transfer of land in uncle name
3) even if grandfather executed gift deed in uncle favour your uncle would be owner of land
4) your father claim is barred by limitation
Client I am sorry to hear that but in this case if you are father has some answers will property then the property will be inherited by all your siblings equally. Moreover if your grandfather has a property then you father will have the same right over the property as of that of the other siblings.
Mr Sethi, From what I know , my dad and his other siblings have not filed an affidavit. The land has been inherited by dad's brother for over 10 years or so. What does the statue of limitations say based on punjab law?
Dear client, the limitation period is of 13 year and any case file before 13 year is valid
If the property was self acquired property of your grandfather then he can transfer his property in favour of anyone of his choice.
If you state that your grandfather had transferred his property in favour of of only one son and other children have been excluded then this cannot be challenged by others provided they suspect any foul play or suspected fraudulent activity in such transfer.
In that case legal option can be adopted.
The law of inheritance is common across the country and there's no particular act of inheritance for Punjab state.
What is the necessity for an affidavit.
If the property is reported to have been transferred to your father's brother by his father through a registered document during his lifetime then there's no necessity for your paternal uncle to obtain NOC from his siblings in this regard.
Kindly clarify how your grand father transferred land in favour of your uncle was it by gift deed or will .?
- As per law, after the demise of your grandparents , their property would be devolved upon his all legal heirs equally , and hence you father has equal right to claim in the ancestral property.
- Further, if that property was self acquired property of your grandparents then he was having his right to transfer the property to his said son without taking consent of your father.
- Further, after the demise of your father , you can claim fathers share in the property for the partition of the property after sending a legal notice to other legal heirs.
- The limitation period for filing the partition suit is 12 years , but you can file the same on other grounds presently as well.
