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limitation period to claim share by mother in predeceased son property


14-Feb-2023 (In Property Law)

My brother Mr.A died on 20th feb.2005 and my mother died on 10th Jan.2007.My mother was also primary heir in her predeceased son Mr.A property What is the period of limitation for claiming my mother's share in Mr.A property.Under which article of limitation act this will come.Adverse possession may be established by Mr.A family and I may not be able to claim my share in my brother property.My brother family is in exclusive possession having independent portion with seperate gate.Limitation period will start from which date.

Answers (2)

Answer #1
982 votes
your brother's family will claim adverse possession only after passing of 12 years and they have to show that you had knowledge about their claim.....
generally limitation is three years for claiming your right.. but if you show it was a joint property.. your brother had predeceased mother.. and now you can ask for partition of the property...
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Answer #2
742 votes
There is no limiation period perios.If you are the legal heir you can claim the share any time.You may plead that you have allowed them to stay in the property and did not claim share due to reasons.... and they were staying and occupying your share on licenceee basis.

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