How to get lost Ancestral Properties?
Kumar Krishan Agarwal Advocate
(Querist) 19 February 2010
This query is : Resolved
Dear Sir,
IN BRIEF MATTER OF FACT
1. Grandfather (A) had inherited large properties and made a registered partition deed (1940) for all the three sons (B),(C),(D) while D was minor when the deed was made only 5 years. (A) died. C also died without marriage i.e he was single passed away.
Now (D) had made seven children d1,d2....d7.
(B) had made 3 children b1,b2,b3.
2. (B) put the partition deed into his custody and gave a small house for living to (D) initially. Hide all the structure of properties mentioned in the partition deed. After that (B) assassinated (D) and his(D) wife in 1970. All the seven children were minor when (D)died and somehow grown up.
3.The children of (D) d1,...d7 know in 2010 and gets the copy of partition deed after 70 years that their father have large properties allotted. Now The (B) sold all the properties of (C)&(D) and (B)died in 2000.
But (B) three children b1,b2,b3 all are alive.
4. Is there any chance to file a suit for recovery immovable properties or reopen partition deed or challenge partition deed or start off 420/406 I.p.C proceedings to start being beneficial for d1,...d7 for recovering all the properties whether the properties illegally transferred or their complete amount from b1,b2,b3.?
Question:
Is there any way to tackle this complicated matter and what's the probability for winning ? A Long battle ground to start. OR Leave out all the past as there is no solution!
Is it Impossible for this problem to be solved.
B K Raghavendra Rao
(Expert) 19 February 2010
It needs to be seen when the properties were sold. ABCD are all dead. The property should devolve round their children. BCD are A's children. C has no successor. B has assassinated D and his wife, therefore, he must forego his right in properties. D's children get the property.
If the properties are sold, the sale deed need to be challenged within three years from the date of sale or from the date of knowledge of sale. However, if the successors do not question the possession of the buyer for more than 12 years continuously, they loose their right over the property. And the case becomes hopelessly time barred.
Guest
(Expert) 19 February 2010
agree with mr raghav.
