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sri lalitha (Not applicable)     28 May 2012

Time period for final judgement against a filed suit

Dear Sirs,

I need your help / advise relating to the property issue of my daughter.  My daughter got married in the year 1995.  My son in law along with his mother used to stay with his grand mother since childhood as he lost his father when he was 7 years old.  His grand mother has all four female children out of whom my son-in-law's mother is her eldest daughter and other 3 are younger.  all younger daughters are well settled with their husbands.  My son-in-law has one elder brother (who got his father's job and well settled with his family during my daughter's marriage)  So during my daughter's marriage proposal his grandmother promised that since my son-in-law didn't had any property / monetary background, she intended to give the property which is gifted to her by her husband (i.e, my son in law's grandfather) to her grandson (i.e, my son in law) and she clearly stated that he would take care of her till her death as she was not having anyone to take care of her. 

My Son-in-law's grandmother died in the year 2002.  Before her death she has executed a will in the name of her grandson ie., my son in law since my son in law was taking care of her till her death.  My son-in-law has transferred that property on to my daughter's name in 2005 in the form of gift deed.  The 3rd &4th daughter and the 2nd daughter's children (i.e., my sonin law's maternal aunt's) filed a suit against my son in law that they too have a right in the said property which was gifted by his grandmother to him through will.  Since the property has been gifted to my daugher by her husband they have included my daughter's name too in the suit in 2005,  since 2005 we were appearing in the court whenever we are supposed to and the suit was nearing the argument / evidence stage.  Since the opponents couldn't attend the court in two instances the case was dismissed in 2011.

But, they have reopened the suit stating some reason again restarted the case from the beginning. 

My Soninlaw has the proofs of all the payments done by him like property tax, electricity bills, telephone bills which shows that they are residing in the same house since 1970's and all the original documents of the property.  The opponents don't have any documentary proof.

So I want to know, till how many days this suit may continue.  Is there any limit in the property law that so and so case would be limited to certain time period and should be settled / judgement need to be given within any stipulated time.  Since both my soninlaw and daughter works in private companies and has a son who is in his 12th class, though have property are unable to use that for their Son's studies / progressive plans. 

The intention of the opponent party clearly showing that they are willingly trying to prolong the legal proceedings against the property. 

Please advise, is there any other solution for this, so that my daughter's family  would get the justice.  Also, if my daughter want's to shift to other city regarding further studies of her son, can they let out the premises and move to other city. 

Request your valuable suggestions on the above.

Thanks.

Shyam sunder Rao.

Retired Principal.

Satya sai School, Bangalore.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 May 2012

Dear Mr.Rao, 

Since the property was gifted to your son in law's grandmother - it became her seperate property, to which legal heirs stand ousted, provided offcourse this gift deed was registered. 

Secondly : If the above condition is complied - then she could validly bequeath it to your  son in law, which makes gift in favour of your daughter also valid. 

Thirdly : Your daughter or son in law can move out of city - provided there Lawyer or Authorised Attorney diligently handles case. 

Fourthly : There is no time limit in such matters. 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 May 2012

Dear Mr.Rao, 

Since the property was gifted to your son in law's grandmother - it became her seperate property, to which legal heirs stand ousted, provided offcourse this gift deed was registered. 

Secondly : If the above condition is complied - then she could validly bequeath it to your  son in law, which makes gift in favour of your daughter also valid. 

Thirdly : Your daughter or son in law can move out of city - provided there Lawyer or Authorised Attorney diligently handles case. 

Fourthly : There is no time limit in such matters. 


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