LIMITATION ACT : AFTER HOW MANY YRS DECREE BEOCMES VOID
BHUPAL SINGH
(Querist) 10 October 2009
This query is : Resolved
Dear Sir,
My father inherited agriculture land in 1952. Later he transferred about 14 Acres to my mother. On the death of my mother the land was divided between sons & daughters equally in 1982 and mutation was done in revenue records. My 2 sisters later on trnsferred it back to my father vide family settlement decree in Distt Court in 1991. Mutation was not done & the land continued in the name of my sisters in Patwari records till to-day.My father expired in 1999. Cultivation continued on joint basis ( i.e. partition was NOT done) and we kept on drawing our respective shares of income. My one sister also started drawing her share after demise of our father. Initially our youngest brother with whom our father was satying & who is very close to the village, was managing it jointly. Later two of us brother satrted independent cultivation of our share. For some yrs my one sister kept getting her theka share but about 4-5 yrs ago my youngest brother stopped giving her share. Now he has produced an unregistered WILL of our father (which probably is fictitious) in his own favourstating that all properties will be inherited by him & hence he says that he will not give share to our sister. The land is still in the name of my sister in Patwari records. My sister has filed a case to get possession of her share, which is pending. My questions are---
a.Can my younger brother legally claim
that since as per the WILL he will
inherit all properties of our father,
he will NOT give share to our sister,
even though the mutation was not done
in favour of our father after the decree
and the land continues to be in the
name of our sister ?
b.Can my younger brother get the land
mutated in his name or in our father's
name now without the consent of our
sister ?
c.After how many yrs the such a decree
becomes void (if mutation has not been
done) i.e. the decree cannot be enforced
legally ? Can you please quote the
relevant Sec of the Limitation Act, as
per which it is void & NOT enforceable ?
Sincerely Yours
Major Bhupal Singh ( Retd.)
niranjan
(Expert) 10 October 2009
Since your sister has already filed a case to get her share, your brother will put in defence the will of y0ur father to which your sister can oppose and lead evidence that it is got up and make sure that an issue to that effect is also drawn. As the compromise was between father and daughter, it was father who could have implimented, but since he did not impliment it and the property remained in possession of daughterf i.e. your sister, there is no question of llimitation. The limitation to execute decree is l2 years.Your brother can place the will lbefore patwari for mutuation of your father's share in his name, but you have to file objection before the patwari that it should lnot be done and the case is pending
Raj Kumar Makkad
(Expert) 11 October 2009
Major Sahib! The compromise decree of 1991 vide which your sisters released/transferred their share in favour of your father has now become void after the expiry of 12 years as the same has not been executed and possessions were not transferred and record was not prepared accordingly so your sisters have also equal share in joint land.
Now come to the question of unregistered will, shown by your youngest brother after various years of death of your father, has become suspicious on this sole ground_why that alleged will was suppressed fo many years? Your brother doesn't get automatic ownership right by way of will. If the land is ancestral then will has no value in the eyes of law and it goes. If the property is self acquired of your father in that case your brother will have to get it proved beyond reasonable doubts before civil court and you all have full opportunity to prove it fictitious, as u tel.
BHUPAL SINGH
(Querist) 11 October 2009
Dear Sir,
I thank all the learned Advoctaes who have elcidated the law on the subject query.
God bless you all. With regards & best wishes,
Sincerely Yours,
Major Bhupal Singh,
Australia
BHUPAL SINGH
(Querist) 13 October 2009
Dear Sir,
Can you kindly quote the Sec of the Limitation Act, according to which a decree becomes "time barred" after 12 yrs,
if mutation of property is not done by then.
Sincerely Yours,
Major Bhupal Singh (Retd)
Australia
BHUPAL SINGH
(Querist) 27 December 2009
AFTER HOW MANY YEARS CIVIL COURT DECREE BECOMES VOID IF NOT MUTATION IS DONE
Dear Sir,
Please refer to my above noted query and
your advice thereto.
Can some one quote the Sec of Limitations Act under which the Civil Court Decree become void if mutation is NOT done within 12 yrs ?
Also kindly print the language of the Sec concerned, since I do not have access to Indian Law books here and the Web Site presumably has not been updated, as it looks.
Bhupal Singh
Australia
