Limitation act - property

Querist : Anonymous (Querist) 01 February 2012 This query is : Resolved
Dear Sirs,

My Grandfather expired in 1990. He had 1 son(my father) and 3 daughters. They had a ancestral property in Mumbai.

All the daughters married before 1970 and I have been staying with my Grandfather and Father in the flat since 1970, managing the property and paying taxes.

My father expired in 2002. Oral family understanding(which is now denied by other sisters) was that the property should go to my Father as Gold and ornaments were given to the daughters(which were given in the marriage)

Since 2002 nothing was claimed by the daughters. Suddenly in 2010(after the property prices escalted), we recieved a notice from my aunts to which we replied in the negative.

May you guide me appripriately in this matter?

I understand that according to Limitation act, the daughters need to make a demand within 3 years of the right being accrued. (is this not from the date of my grandfathers death?). Can they misuse the other provision of Limitation which says - 3 years from the date of refusal of right?

Many Thanks.

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Raj Kumar Makkad (Expert) 01 February 2012
There is no limitation to claim rights in the ancestral property. You are misconceived on this ground. I presume your grandma is already expired. Your aunts are very well entitled for the grant of 1/8 share each and rest 5/8 share shall vest in the legal heirs of your father.