asking for property share after 13 years

591 votes

hi yes limitation act would be applicable in your case and that the suit filed by your sister and the contents of the petition filed by her and if it is based on all false allegations and out of limitation period then you could file rejection of plaint

Advocate Baddam Aravind Reddy LawRato

972 votes

1. Legal Rights of Aunt (Daughter of Grandfather): If the land is ancestral, your aunt can claim a share, especially after the 2005 amendment to the Hindu Succession Act, which gives equal rights to daughters in ancestral property. If it is self-acquired and gifted/registered to someone specifically, her claim may not stand. 2. Limitation Period – Limitation Act, 1963: Under Article 65 of the Limitation Act, a 12-year limitation applies to a suit for possession of immovable property if someone claims adverse possession. 3. Application to Your Case: If no partition deed exists, and the land was undivided ancestral property, your aunt can still file a partition suit. Your continuous cultivation doesn’t automatically block her claim unless: You can prove adverse possession (open, hostile, and known to her), Or that she had waived or relinquished her right (via registered deed, etc 4. Solution & Suggested Legal Action: A. Defend the Suit on the Following Grounds: Property is self-acquired by grandfather (if supported by documents). No claim was made for 13+ years – raise a limitation objection. Try to establish adverse possession, if continuous, exclusive, and hostile possession can be proven

Advocate Venigalla Srinnivasa Rao LawRato

808 votes

In your case, since the land originally belonged to your great-grandfather, and your grandfather registered it in his name 13 years ago, and now your father’s sister (your aunt) is claiming a share after his death, certain key legal aspects apply: 1. Nature of the Property – Ancestral or Self-acquired: If the land was ancestral (passed undivided from great-grandfather), then your grandfather could not have sold or transferred it fully without giving a share to all coparceners, including your father’s sister, if she had a right by birth (after the Hindu Succession (Amendment) Act, 2005). 2. Limitation Act, 1963 – 12-Year Rule: The 12-year limitation period under the Limitation Act, 1963, generally applies to adverse possession or claims for possession of immovable property. For your aunt to be barred from claiming a share based on limitation, you must prove that: You have been in exclusive possession of the land. The possession was open, continuous, and hostile to her knowledge (i.e., you denied her right clearly and publicly). No legal action or suit was filed by her within 12 years from the date of such denial. 3. Filing of the Suit: Since your aunt has already filed a suit, the limitation question will be examined by the court, and it will depend on when she came to know of the transfer and whether she was excluded from possession. The burden to prove adverse possession is heavy and must be clearly established. 4. Defensive Stand: You can take the plea of limitation in your written statement as a preliminary defense, along with showing proof of long and uninterrupted possession, cultivation, land revenue payments, and exclusion of her rights. In conclusion, yes, the 12-year limitation under the Limitation Act may apply if all conditions of adverse possession or exclusion are satisfied, but this is a fact-based determination by the court.

Advocate Upparapalli Shruthi LawRato