Hindu succession Act
P.BALASUBRAMANI
(Querist) 08 September 2009
This query is : Resolved
Dear Sir,
I am from Tamilnadu. My mother had a property (Land) which was received from her brothers as a share from ancestral properties.She had transferred the land to my sister in 2003. At that time, my age was 24. I have not signed the transfer deeds & docs. Now Can I file a suit against my sister for a share from that property?. Is there any limitation for filing a suit from the date of registration?
Expecting ur reply with eager.riven
Shivasurya
(Expert) 08 September 2009
You can challenge the transfer deed (I think it is s settlement deed in favour of your sister executed by your mother) by filing suit for declaration declaring the deed is null and void. The limtation for filing the said suit is 3 years from the date of knowledge of the settlement deed. in your plaint you clearly state that you knew about the settlement deed only on last month i.e. August 2009. You have fair chances to suceed in that case consult a civil lawyer in your district. Shivasurya, Advocate, Madras Highcourtriven
Raj Kumar Makkad
(Expert) 08 September 2009
Definitely you have also share in the ancestral property of your mother and the same cannot be divested by your mother exclusively in favour of her daughter. It can be chellenged before competent court of law by filing a civil suit but within 3 years of date of knowledge. You had knowledge of transfer in 2003 itself but as per imaginary date as suggested by P. Balasubramani.riven
PALNITKAR V.V.
(Expert) 08 September 2009
you can certainly file suit provided it comes within limitationriven
Adinath@Avinash Patil
(Expert) 08 September 2009
you can challenge the transfer deed by filing civil suit for declaraion for dclaring the transfer deed is ilegal & void and said deed is not binding on you.riven
sanjeev murthy desai
(Expert) 09 September 2009
No, you dont have any right to claim that property. Because that property your mother"s absolute property under the section 14 of Hindu Succession Act.
In your case ansestral property devolved upon matarnal line. In the maternal line her son or daughter dont have any right to claim of absolute property in her life time. She has the right enjoy, right of transfer to anybody
riven
sanjeev murthy desai
(Expert) 09 September 2009
If you filed the case against mother or sister, you may losing your time and hard earn money as well as case also.riven
Sachin Bhatia
(Expert) 09 October 2009
Yes you can, you also have share in the ancestral property of your mother you can challenge the transfer deed by filing civil suit.
