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Procedure for the share of the aunt in father's inherited property
14-Oct-2023 (In Property Law)
my father left me a property which was inherited from his father. After my father expired on 1983, i haven't visited the property till date but i have been paying all land taxes regularly by myself. on the said property my aunt(elder sister) with her family is leaving from last 45 years, now they want share on the property. can they claim legally?
Hello, your father transferred this whole property in your name? Is that registered property? In that case no body can claim, to evict them kindly take legal action and on court order you can claim that same property.
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Jayatee Chatterjee
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Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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HI
Since your father expired in year 1983 being absolute owner of the property, even though he has inherited from his father, your aunt can't claim any right. Your aunt can claim if your father would have died after 2005 as per amendment in Hindu Succession Act.
Note ; It is a prima facie opinion , detail answer could be given only after going through the documents
Thanks
Since your father expired in year 1983 being absolute owner of the property, even though he has inherited from his father, your aunt can't claim any right. Your aunt can claim if your father would have died after 2005 as per amendment in Hindu Succession Act.
Note ; It is a prima facie opinion , detail answer could be given only after going through the documents
Thanks
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Adv. Niraj Kumar Mishra
Delhi | 25+ Answers
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My understanding is that adverse possession operates on the basis of Articles 64 and 65 of the Schedule to the Limitation Act. Essentially, when a person illegally dispossess the rightful possessor, and continues in open, peaceful, and continuous possession (which is adverse or hostile to the possession of the true owner) for a period of 12 years (the limitation period for filing suits for possession), he can claim that he has a better title due to adverse possession
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Adv. Deepa Tiwari
Delhi | 25+ Answers
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