Father sold ancestral property 30 years back. Can son claim share?

801 votes

Thank you for posting this query. First, a Power of Attorney coupled with an interest is irrevocable. As far as limitation for filing a suit is concerned, at most it would be 12 years under Part V of the Limitation Act, 1963 which deals with suits relating to movable property. Therefore a claim after thirty years would ordinarily be time barred. Further, if one has been in possession of the property for more than 12 years, one could defend such a suit based on adverse possession. You query however needs more clarity and an Advocate could help list out the options that you would have in such a situation. Property matters of this nature are more complex and require all the documentation to be perused.

LawRato LawRato

304 votes

This is not legal. The property will automatically be passed on to any male in the fourth generation of the lineage. You can, however, exclude your children from inheriting property that you have acquired yourself. Around 12 years is the time limit for claiming ancestral property.

Advocate Chikirsha Mohanty LawRato