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Clarification on property issue


27-Mar-2023 (In Property Law)
A person whoes property occupied and sold by his younger brother M after the death of J. And the property was not inherited from family it was his own it has been 12years to this issue can the daughters n wife of j win the case if they Sue M? Religion is Sikh
Answers (4)

Answer #1
621 votes
Hello,
For the query posted by you, i would advice the following:

There are very less chances of such a long delay to get condoned in the situation provided by you. Though you have a strong case on merits, yet probabilities of its admission are less.
If need be, you can always take chances.
Every case is based on its own facts and circumstances.

I hope this answers your query,

Best
M. Faris
Advocate
Answer #2
581 votes
Yes, why not !! Only thing is that we require documents in which J was the owner of the property and the kind of property you have not mentioned? Please meet your advocate as soon as possible because you have already waisted so much time.
Answer #3
818 votes
They can file a case against M if he has done within anything in the last 12 years which can give rise to a fresh cause of action. It will require further details and analysis of the subject matter of the suit as well as local laws.
Answer #4
998 votes
The query posted by you lacks certain essential information to enable me to advise. Complete set of facts would be required including the following:
1. Date of death of J
2. Possession of property at the time of death of J with whom
3. Age of daughters at the time of death
4. Were all the ownership rights after the death of J complied by M i.e., including all the bills regarding electricity and phone and taxes and if yes, since when?
5. If answer to Q4 is yes. Any objection raised by wife and daughters of J?
6. When did the wife and daughter of J came to know about the sale and possession by M to wife and daughters?
7. After death were wife and daughters residing in the property in question?

Depending upon the answers to the above, answers to some more questions may be needed to advise properly in your matter.

Regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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