Ancestoral property dispute

905 votes

See they cant claim back their portion after lapse of 40 years. There is latches. Apart from that in the partition Deed there may be confirmation you father's elder brother that he was not claiming the property. Under such circumstances they cant claim it now.

Once the family partition was done and accepted by the parties to it and the same was not question for a year, then they cant claim it now.

Advocate M Lakshmikanth Arya LawRato

736 votes

It depends on the facts and circumstances of the case. If the partition is done through the unregistered partition deed, now the grand children also can claim for the property. One needs to go through the entire records to give proper opinion on this.

Advocate Sadanand Naik LawRato

754 votes

Is there any document through which your uncle waived of his rights, like a deed of waiver or relinquishment of rights? If yes then get it perused by a lawyer and ask for an opinion. Also it is often seen that in these circumstances one sibling accepts a lumpsum amount and waives off his/her rights over the property in case if oral that would be difficult to prove unless you have transaction details which can be established through a chain of facts. Trust this helps, if you need further opinion feel free to contact

Advocate Ayantika Mondal LawRato

519 votes

Giving up right in the immovable property, if the value is more than Rs.100/- it requires registration. According to your query, his grand children and his sons are having right, if that person is not relinquished his right by way of registration. In this case time is not the matter, they are the joint owner.
Have a consultation with the advocate who knows the law on civil side. You can have definite opinion. Good Luck.

Advocate Chandraiah LawRato