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jobstervijay   18 October 2023

Limitation law can be extended?

I am born 1983

my father sold ancestral property after his mother expired in 1999,maharashtra taluka place property,hindu family

(I was minor and not informed abt property sale)

2002 father expired

I needed to go to pune to complete study by 2000 

2006 its again sold to another person

I could had objected deed but

in 2007 I got diagnosed by life threatening disease DVT ,deep venus thrambiosis

and was almost 4 times till now gone to ICU due to same illness

I am alone child

on this basis can i put late dispute on property that my medical condition was not good?

 

 

 



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2023

First of all ascertain if you had any rights in that property.

If not then it will be waste exercise. 

jobstervijay   19 October 2023

well point made but plz be more specific as I am not legal expert like you

legal right will be decided by court only

 

its ancestral property of grandmother and I am heir,thats why i want

Real Soul.... (LEGAL)     19 October 2023

There are two questions one whether your father had any right to sell the ancestral property and secondly  if you lay the claim on the sold property after a long time can you  condone the delay in filing suit upon medical ground.

i.                    Weather your father had any right to sell the ancestral property?

You should be aware that ancestral property is the property that belonged to your grandparents not to your parents. But when the property was distributed or partitioned and the due share of your father was received by him the property becomes self –acquired property of your father and he has rights to sell that. Even the amount received from selling out that property might be spent on his own family for your benefit. Means the sale was rightful.

ii.                  can you  condone the delay in filing suit upon medical ground?

Yes you can condone the delay by showing upon proof that you were not in a position to file the suit in due time due to circumstances beyond your reach.

Courts are mostly liberal in condoning the delay.

jobstervijay   19 October 2023

I had aunt and uncle (in mental asylam)

he sold prperty to clear his dues,did not for my education

my mother was caretaker but she is extreme careless

2

thanks

Real Soul.... (LEGAL)     19 October 2023

You mean the property was not distributed properly, then your uncle and aunt or their children can file suit 

jobstervijay   19 October 2023

uncle was mental patient,expired

aunt is heart patinet

P. Venu (Advocate)     24 October 2023

Viewed your profile. Past queries and subsequent postings suggest the present query to be nothing but imaginary and at the most, a hallucination.

jobstervijay   24 October 2023

Originally posted by : P. Venu

Viewed your profile. Past queries and subsequent postings suggest the present query to be nothing but imaginary and at the most, a hallucination.

can show proof,but u need to be worthy


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