Owner's daughter filing case regarding transfer of property, advise
14-Jan-2023 (In Property Law)
My dad purcahsed a land from the vendor 27years back at hosur.the vendor divided the land into 12 layout sites. 12 people purchased from the vendor and we r also one of them. The property belongs to vendor's deceased father. Now We built a home for us and many rental houses upon the land many years ago. The vendor has 4 sons and 4 daughters. His first daughter got married so the vendor didn't mention his first daughter name in sales deed as in 1990 there was no rule that grandparents property goes to granddaughter. Remaining 4 sons and 3 daughters name mentioned and they were minors so didn't sign . we don't know the his first daughter was major or minor during the registration.now the vendor has passed away. His first daughter got jealous on us & trying to file a case only on us and not on the other 11 peoples who were all purchased.can they win??
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.
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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