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


Ancestral property of some persons was together made as a layout approved by village panchayat .General Power of Attorney holder sold the plots in 1984. of which certain portion (ancestral property) belongs to a family having father, minor son and minor daughter.Father signed the GPA ,son and daughter not signed .Father also not signed on their behalf. one of the relavent plots purchased in 1984 and encumbrance certificate is on the name of plot owner. After 30 years son sold the property to someone in terms of cents. Son willing for settlement.Whether claim of son timebarred .Go for court

Answers (1)


333 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.


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