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Claiming a property and statute of limitations on making a claim
23-Oct-2023 (In Property Law)
My mother sold some jewelery belonging to my late father after his death. She squandered the money. This jewelry was meant to be divided among legal heirs equally. I received nothing. Two years ago, she secretly gifted land belonging owned by her to my brother. Given that she was in "debt" to me due to the jewelry transfer, can I lay claim to the house she gifted him? Also, what is the statue of limitations on making a claim to this house? Is it 3 years or 12 years?
First you need to have an evidence that jewellery belonged to father and the gifted one to your mother. If the land belonged to her then she can gift it to anyone in the world without any interference from any legal heirs.
You need to hire expert advocate to understand the legalities
You need to hire expert advocate to understand the legalities
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Adv. D. Khan
Delhi | 500+ Answers
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Do I have to repay a loan to someone who has died?
All of a persons assets, including money, possessions, and property, will be included in their estate. The deceaseds debts are also included in their estate. The estate is responsible for paying a debt that the deceased owed someone else. A debt that you owe the deceased is treated in principle as an asset of their estate.
Can a wife be held responsible for husband's debt in India?
A person is usually only responsible for their own debts. If you didnt sign the loan or contract for your spouses debt, then you would usually not be responsible to pay it. 30-Apr-2012
Can a husband be held responsible for his wife's debts?
You cannot be held responsible if you do not have joint finances such as a joint mortgage or bank account. If you marry, you can also change your name. You are not legally obligated to pay for credit agreements that your partner has taken out in your name, even though it will appear on your credit history.
Hi there!
You need to file a civil suit for declaration of gift deed to be declared null and void, rendition of accounts and partition suit with stay application in your suit. Some prerequisites are needed to be adhered to before you file your case as you have to build your case from the scratch. For detailed information you may consult me.
You need to file a civil suit for declaration of gift deed to be declared null and void, rendition of accounts and partition suit with stay application in your suit. Some prerequisites are needed to be adhered to before you file your case as you have to build your case from the scratch. For detailed information you may consult me.
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Adv. Puneet Srivastava
Delhi | 400+ Answers
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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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