Flat in co-op society died without will - Time-barred laws
Geeta
(Querist) 30 November 2009
This query is : Resolved
Hi,
My Grandmother had purchased a Flat in Mumbai and she had 2 sons out of which one of them is my father. Now she didn't make any WILL but she had filed the Nomination with the Co-op Society (Area: Goregaon in Mumbai). She died some 10 years ago. My Chacha (Dad's brother - Uncle) is not claiming to the property as he has 2 other properties with him and will for sure not do so. But after his (Uncle) death, I am scared that my Uncle's wife and children might claim over the share of the property. Please advise on how can I fight back that point of time if there is any claim from after my uncle dies. What are the options I have ? I have heard of the Law of Limitation whereby this can be time-barred but not sure if this is applicable here.
Thx,
Geeta
Gulshan Tanwar
(Expert) 14 March 2011
You and Your cousins/Aunt will be getting only the shares of your father's only and not more than that.
As after the death of grandma, the children are entitled in equal shares of the property and as both the sons of the grandma had equal rights over the property.
Your cousins cannot claim over the said property in the presence of your uncle and only after his death, they can claim the share of the property which is originally the share of their father.
LL act can come to your rescue when you are claiming adversely against the property and in the present matter you are not asking adversely.
