Land sold without legal heirs knowledge. How can we claim it?
My Great grandfather had purchased 10 Acres of land in 1955 and has partitioned it between his 2 sons in 1965. My Grandfather has received 5.2 acres in that partition. He passed away in 1986. The properties which were partitioned to him have been sold without his heirs(My father) consent in 1990. Now in 2015 we came to know about this property sale. Please advice on what can be done now to reclaim the property.... Looking forward for your expert opinions..
In case of property matter , the limitation is for 12 years, so it almost 15 years back the land was sold. Hence you will have to explain the reason of delay, which we can suggest only after examining the documents.
If delay is allowed then we will have to file suit for declaration thereby seeking the ownership of the land, also in the said suit we will have to challenge the sale deed thereby seeking cancellation of the sale deed on the ground that same was executed without permission of legal heir .
sale took place in 1990, you came to know about it in 2015. Barred by limitation, You can do something if the property is still undeveloped or if you can take back possession from the present owners. Otherwise it is best to forget about it.
Advocate Kiran N MurthyIndiranagar, Bangalore
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