Hi,We have ancestral property of 5 acre in Magadi,Ramanagara. It was in the name of my Grandfather(Two Sisters) in 1960 after the death of my Great Grandfather . The property was further subdivided between my Father & His elder brother without any signature or information to my Grandfather's sisters.But all were aware of the property being in my Grandfathers name. Kalithimmai | | Channappa(Died before inheriting the property)+ His brothers | | Grandfather -5 acre(Deceased) + Sister 1 (Deceased) + Sister 2 (Alive) | | Muniraju (2.5 acre)Deceased + Murthy (2.5 acre) Partition Deed on October 2023. | | | | Mahalakshmi (2.5 acre) Latha (2.5 acre) after death through Poti Through Gift deed to Wife Now my Grandfather's sisters & their Sons/Daughter are claiming rights in the 5 Acre property today which is in the name of both Wife. Do they have chance of winning the Case? Does the act of limitation apply since the original property was transferred in 1960. Please advise course of action for this case.
Your grandfather's sisters are also legal heirs of their deceased father hence they are entitled to a share in the property left behind by their father.
Therefore they can very well claim their rights i the property by a suit for partition before a civil court becasue they have not relinquished their rights.
The chances of your grandfather’s sisters or their descendants succeeding in a claim on the property are extremely low due to the law of limitation and the long period of undisputed possession by your family. Under the Limitation Act, the time limit to claim a share in ancestral property or seek partition is generally 12 years from the date they were excluded from possession or knew of the partition. Since the property was transferred in 1960 and further partitioned among your father’s branch, any claim after several decades will almost certainly be considered time-barred.
Courts have clearly held that if heirs sleep on their rights for such a prolonged period and the property has changed hands or remained in exclusive, open possession for decades, stale claims will not be entertained, especially in the absence of allegations of fraud or concealment. The fact that your grandfather’s sisters were aware of the property and did not challenge the transfer or partition for so long strengthens your case.
Your course of action:
Gather all documents showing partition, mutation, tax payments, and long-standing possession by your side of the family.
If you receive any legal notice or if a suit is filed, respond strongly, citing the bar of limitation and established case law.
Courts are unlikely to disturb settled possession and partition after so many decades without compelling evidence of fraud or suppression of rights.
In summary, based on the facts and the law of limitation, your family’s title is well protected and their chances of winning are minimal.
They have share in property
they can file suit for partition to claim share in property
possession
of one is regarded as possession of all
claim is not barred by limitation
Hi,As per RTC record the property is transferred to my Grandfather in 1991/1992 through IHC-13. Elder sister is deceased in 2023 without any express desire in property. Younger sister is alive & well. Does death of sister have any effect on inheritance by her Kids.
No death of sister has no effect on inheritance by her kids
The sisters technically had a right in the property, but since it was mutated in your grandfather’s sole name in 1991/92 and no objection was raised for over 30 years, their present claim is likely barred by limitation. The elder sister’s share (if any) would pass to her children, but proving rights after such a long gap is weak. Your defence should be based on limitation, long possession, and settled partition.
The legal heirs of the deceased legal heirs are entitled to inherit the rightful share of the deceased cosharer
Hi ,can they claim Law of Limitation, long possession, and settled partition doesn't apply since there was no legal remedy till Supreme Court judgement on 2020 for daughters to claim right in the property. And hence they are filing the petition now to claim the right in the property. As in many cases i read Law of limitation is applied to Legal Male heirs.
In this case their claim for their rights in the property of their father is not barred by limitation because they have never relinquished their rights.
If they had relinquished their rights there is no question of Law of limitation to be applied,since the suit cannot be filed by them. I am applying law of limitation since they were well aware of property in my Grandfathers name and failed to take any action on the same.I am unable to read if the Limitation starts from 2005 after the supreme court's Judgement Or the Law of limitation is counted from 2005 till now ,which will also amount to 20 years since the Law is enacted.
Claim is not barred by limitation
possession of one is possession of all
merely because you have long possession does not mean they cannot claim share in property
Sisters can claim share in property
Sisters can claim share in property
The right to a share is not lost merely due to passage of time, because daughters are co-owners by birth in ancestral property, and in self-acquired property they become co-heirs on the father’s death.
However, limitation applies to the enforcement of the right:
If the daughters want to file a partition suit, the limitation is 12 years from the date when the right is denied (for example, if the brothers or other heirs openly refuse to give share, or they alienate the property).
Mere passage of decades without dispute does not extinguish the right, but if possession has been exclusive and adverse for more than 12 years and the daughters never asserted their right, the court may treat the claim as barred by limitation under the Limitation Act, 1963.
Yes your above stand is correct
The 2005 amendment to the Hindu Succession Act and the 2020 Supreme Court judgment only clarified and confirmed daughters’ rights; they did not create a fresh right or restart limitation.
Limitation runs from the date the property was mutated solely in your grandfather’s name (1991/92) or from when the sisters first knew and failed to act. Since they were aware and silent for 30+ years, their claim is barred by limitation.
Courts have held that settled partitions and long possession cannot be disturbed just because of later judgments.
So, you can strongly rely on law of limitation, long possession, and settled title as your defence.
Sisters’ rights: Both sisters (and children of deceased sister) can legally claim a share unless they executed a registered relinquishment deed/family settlement.
Limitation: Partition rights are a continuing right—limitation usually does not bar such claims. Mere silence or knowledge of property since 1960/1991 does not end their rights.
Elder sister’s death (2023): Her share passes to her children/heirs. Younger sister can claim directly.
Your defense: Argue long, exclusive possession, mutation in your grandfather’s name since 1991, and that sisters never asserted rights (ouster).
Outcome: If sisters’ claim is accepted, property will be re-partitioned. If your defense succeeds (ouster + long possession), their claim may fail.
👉 In short: They do have a chance, but you can defend with ouster + possession records.
for more details you can take my consultation
regards,
Adv. Arunkumar Khedia
(Bombay High Court)
For the follow up on above question. My Grand Father received the property in 1991/1992 through Inheritance certificate/Pothi due to death of his father (Death occurred in 1945) While the amendment on 2005 act confer coparcener right to daughter on birth.Does the below exclusion have bearing on the rights of the Sisters of Grandfather and weaken their claim or is it applicable to only Registered partition Deeds.Since by Grand Father was the only heir,no partition deed was executed. Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
Your great grand father died in 1960 .it is your case that property
was in the name of my Grandfather(Two Sisters) in 1960 after the death of my Great Grandfather
2) on his demise your grand father and his siblings had equal share in property under provisions of Hindu succession act
3) while obtain inheritance certificate by grand father was it disclosed that he had 2 siblings
4) was it great grand father ancestral or self acquired property .?
5) grandfather 2 sisters had share in said property by birth
As per the above facts all legal heirs of grand father has rights except relinquished
Whether the inheritance certificate was issued by a court of law in the judgment made declaring him as lone successor in interest to succeed to the entire estates of his deceased father ?, if not then leaving aside his sisters, who are also the legal heirs to his deceased father and have an equal share at par with the sons as per Hindu Succession Act, 1956, without allotting any share or compensation in lieu of their share in the property is an act of deprivation of their rights in the property.Your grandfather's sisters right in their deceased father's properties is birth right. This may not be an ancestral property in the hands of your grandfather or to his sisters, instead it is self acquired property of their deceased father, because they are next generation wards of their father and not a third or fourth generation heir. Therefore your grandfather's sisters were entitled for their share in the property as a right even before the 2005 amendment act was enacted.
Whatever, if the daughters want to file a partition suit, the limitation is 12 years from the date when the right is denied (for example, if the brothers or other heirs openly refuse to give share, or they alienate the property).
I once again express that mere passage of decades without dispute does not extinguish the right, but if possession has been exclusive and adverse for more than 12 years and the daughters never asserted their right, the court may treat the claim as barred by limitation under the Limitation Act, 1963.
Since your great-grandfather died in 1945, succession opened then. Under the law in force (Mitakshara before HSA 1956), daughters had no coparcenary rights, so the entire property vested in your grandfather alone. The 2005 amendment does not reopen successions that took place before it.
The RTC mutation in 1991/92 was only a recognition of that fact. Therefore, your grandfather’s sisters never had any share to begin with. Even otherwise, their present claim is barred by limitation due to your family’s long, exclusive possession.
- As per law, after the demise of grandfather intestate , his property would be devolved upon all his legal heirs equally
- Further , the sister can claim her right over the ancestral property , and if any of the sister is not alive then her legal heirs can claim the same.
