Req for clarification for anyone demand a share after the lapse of 41 years.
Querist :
Anonymous
(Querist) 27 January 2011
This query is : Resolved
By a family partition deed a property, a house in the village was allotted to me and 5 brothers leaving out the two sisters when I was a minor in the year 1969.The sisters have married off and I have settled off the 4 brothers in the year 1991 and 1992 leaving out one brother. Now I am asking this one brother to take settlement. Now this brother is who was a signatory in the original settlement in the year 1969, has instigated the two sisters and demanding the share for these two sisters now while they were all silent at the time of taking settlement from the 4 brothers in the year 1991 and 1992.
Clarifications are sought for the following with muslim succession law, if any.
Whether the two sisters are right to demand their share now after 41 years after being silent when the settlement was done for the 4 brothers in 1991 and 1992?
Are they not barred from demanding their share because of limitation of time such as 41 years?
Atuliya
(Expert) 27 January 2011
If this was a family settlement to which your brother is also a signatory there is no way he can turn coat unless he can prove fraud and deceit. 41 years is too long a time to wake up and make claims unless your sisters can give acceptable reasons for the delay of 41 years
Querist :
Anonymous
(Querist) 27 January 2011
Thank you for your expert reply. Is the above is by natural justice or by any section of Limitation law of 1963 of any other law. Pl give me details to defend me from exploitation by my above brother who is a signatory to the family settlement of 1969.
Querist :
Anonymous
(Querist) 02 February 2011
Can anyone, like their brother who has been the signatory to the partition deed in which the sisters were left out for obvious reasons, file on behalf of the sisters to claim the share of their property?
Please any expert may reply.
