Limitation on property
Samarth
(Querist) 10 December 2015
This query is : Resolved
Respected Sirs,
I am confused on what the Limitation is for a daughter to claim Rights on her share in Father's share upon his death in a Coparcenery property in Mumbai.
In a recent judgement Ms Roshan Dalvi had quoted as under -
Paresh Damodardas Mahant … Plaintiff
Vs.
Arun Damodardas Mahant & 3 ors.
31. This Court is only concerned with whether the suit is
barred by the Law of Limitation. If the plaintiff claims as an heir and
legal representatives of his deceased father, suit property would
devolve under Section 6 of the HSA by succession and not by
survivorship, the devolution would be complete on the date of the
death of the father. The right to sue any of the heirs and legal
representatives of the father would accrue on the date of the death of
the father. Hence within three years from such date a suit for
administration of the estate of the deceased upon such succession
would have to be filed.
Can any of the Legal Pundit clarify on this and throw more light? Many Thanks.
P. Venu
(Expert) 11 December 2015
Please state your problem, if any. The ratio laid down by the Bombay HC cannot be of relevance in all cases.
SAINATH DEVALLA
(Expert) 11 December 2015
Go through the case of ved prakash vs phoolwathi.suit 913/2012. IN THE COURT OF SH. SUBHASH KUMAR MISHRA,
CIVIL JUDGEÂ7, WEST, TIS HAZARI COURTS, DELHI
Samarth
(Querist) 15 December 2015
My Grand-Father and Father were coparceners of a Ancestral property. My Grand Father had 1 son and 3 daughters. He had given Gold and Ornaments to his daughters (without any documentation) and in a Partition deed between his brothers for the property, stated that the said property would be of his son (my Father)at the exclusion of his daughters. My GF died in 1992 and because of the oral arrangement his sisters kept quiet.
My Father passed away in 2001 and the daughters still kept quiet till 2010.
The daughters are now threatening to go to court. What is the remedy?
Please let me know the points in favour and against w.r.t. Roshan Dalvi's judgement. Thanks.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
The referred judgement has no relevance to your case.
If your paternal aunts want to approach court seeking their share out of the ancestral properties which remain partitioned as on the date of the amendment to central law of succession, ask them to proceed, because it is not maintainable. They are eligible for a share only when the property still remains in un-partitioned stage as on the date of latest amendment i.e., 2005. The judgement you refer here is not relevant to this case.
