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Does limitation act of12yrs apply.


23-May-2023 (In Property Law)
Father bought a flat in 1970.Nominated his wife.No will. 3 sons,1daughter.Father died in 1987.CHS transfered flat and shares to mother.No claim or objection for 20 years from heirs.Mother made a gift deed to her 2nd.son in 2007.Stamp duty, registration done. Gift deed given to CHS.Flat and shares transfered to 2nd.son.No claim or objection from heirs for 12 years, till now.Mother passed away in 2014.Now the Bldg is old and I want to sell it.will the heirs claim.Will the limitation law act as the heirs,did not make any claim for 32 years.Do I need to make a release deed,Noc affidavit,etc.kindly advice.
Answers (1)

Answer #1
795 votes
This is my response to you:
1. Since there was no Will or any other transfer deed therefore all legal heris have a claim;
2. The release deed of all legal heirs should be there;
3. You will have to pay stamp duty and registration fees for the same;
4. Consult a local lawyer and take steps.
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