Is Limitation Act applies to my case for rejection
Prashant Jain
(Querist) 11 July 2015
This query is : Resolved
My mother died in 1984 without any will for the house purchased by my father in her name. My father died in 1999 leaving behind registered will for his portion in the house in 1993. Now one of my four sister is claiming for her right in that property. The other three sister are in favour of me and opposing that sister who is widow age 82 years , because my father has given cash to all my sisters and also given business to their husband. So after 31 years of mother death and 16 years after father's death , does the sister had right to claim in mother's property.
According to which act can the case be urged for dismissal?
Please reply as soon as possible.
Prashant Jain
(Querist) 11 July 2015
I am in need of this query very urgently so please help me.
dev kapoor
(Expert) 12 July 2015
Hi Prashant,
On thing is clear from your query that the house was purchased by your father as such it is his 'self acquired property' and not 'ancestral property'.Therefore if your father has bequeathed the said house in your favour in the will ,any family member (including ur 82 year old sis), cannot claim right in the property/house.Limitation is a secondary issue.
Unless your sis shows how does she have any right in the House,qn of limitation should not disturb you.
Otherwise such matters are usually dealt with under Succession Act/Hindu Succession Act.
dev kapoor
(Expert) 12 July 2015
Father's will regarding "his portion" is indicative of what.Why his own portion? Is this house an ancestral property?Why do you write 'my mother dies intestate/without leaving a will? Is this house` exclusive property of your mother?
Many other qns....
Prashant Jain
(Querist) 12 July 2015
This property was purchased by my father in the name of my mother. So this is not ancestral property. Secondly my father has five sons and four daughters. The registered will which was made by my father in 1993 stated that he has divided the property into six portions between him and his five sons after the death of his wife and his portion after death will be given to one of his grandson.It was also mentioned in the will that he had given cash to his daughters.
Prashant Jain
(Querist) 12 July 2015
Thanks for answering.Rest of the detail is mentioned in first query.I can provide any details you need.So please help.
Prashant Jain
(Querist) 12 July 2015
Thanks for answering.Rest of the detail is mentioned in first query.I can provide any details you need.So please help.
Rajendra K Goyal
(Expert) 12 July 2015
The property would be inherited by all the legal heirs of your mother. Your sister has right to claim her share.
Prashant Jain
(Querist) 12 July 2015
But what is the limited period of claim according to ammendment in limitation act in 2005
Prashant Jain
(Querist) 12 July 2015
According to limitation act 1963
Prashant Jain
(Querist) 12 July 2015
According to limitation act 1963
Dr J C Vashista
(Expert) 13 July 2015
@Parshant,
1. Your father has divided the property in 6 equal portions, is it true? If so, the partition is invalid and illegal since he was not the titleholder as the property was registered in the name of your mother. 2. Your sister is one of the LR of deceased mother who has died intestate.
3. However, the limitation for filing suit for partition and claim of your sister after a gap of 32 years (your mother expired in the year 1984) is hit by the provisions of Limitation Act,1963 and the same is not maintainable.
Prashant Jain
(Querist) 14 July 2015
Limitation act will apply from mother's death or from the year my father distributed the Immovable property and movable property among his children including the daughters which he mentioned in the will registered in 1994?
Prashant Jain
(Querist) 14 July 2015
Immovable property in the name of mother to sons and moveable property among his daughters , after 10 years of expiry of his wife.
Prashant Jain
(Querist) 14 July 2015
Immovable property in the name of mother to sons and moveable property among his daughters , after 10 years of expiry of his wife.
T. Kalaiselvan, Advocate
(Expert) 16 July 2015
Basically the property was purchased in your mother's name by your father, therefore the property properly belongs t your mother who died intestate. Upon her death the property devolved equally on all her legal heirs i.e., your father, yourself and your four other sisters. Thus you were entitled to only 1/6th share in the property and not the entire property. Similarly your father too was entitled to only 1/6h share in the property as one among the legal heirs to your mother. Your father executed a will bequeathing his portion (share) in the property in your favor before his death. along with the bequest and your share you are the owner of 2/6th share in the property. Your other sisters are entitled to 1/6th share in the property as legal heirs to your mother. Therefore the claim of one of your sisters to her entitled legitimate share in the property is legally right and you cannot deny it. There is no limitation to this and it will not be barred by the operation of adverse possession of law too, a partition suit can be filed at any time.
Prashant Jain
(Querist) 09 November 2015
Sir, now according to latest Supreme Court ruling regarding amendment in Hindu Succession Act 1956, in 2005, daughters can't claim in their father property if he had died before 09-09-2005. So how does this ruling applies to my case.
Prashant Jain
(Querist) 09 November 2015
Or through this ruling the suit filed by my sister can be urged for dismissal.
Please advise me.
Prashant Jain
(Querist) 22 November 2015
No one has any advice or comment??
