Ancestral Property Decree

Sir my grandfather got one ancestral property from his father.My grandfather has three sons and two daughters. he borrowed some money from someone but not returned to him so he filed case and through court decree of property has been done.In it my uncle(Taug) who was the doer transfered this property to his wife's name(x d/o y not x w/o z) by doing some fraud.I want to ask you that is it legal decree as property transfered to family member(aunty). As it was the ancestral property my grandfather had right to sale or decree whole property. Can we file the case after 40 years of decree.

Answers (1)

245 votes

Notwithstanding the legal question that you have raised, your claim would be barred by the statute of limitations. Suits for properties can be filed at most after 12 years after the right to file such a case arises. For challenging decrees, the limitation is usually 3 years.

Unless there has been some change in circumstances in the previous few years, you would not be able to take this to court such a belated point of time.

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