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Satyendra Babu Gowthu   26 November 2019

Adverse possession

Dear all experts
My mother and her sister are to daughters and one brother to my grandfather.
My grandfather's self acquired properties are 25acres agl land and Bank deposits 1.5 lakh in 1985.
My grandfather and grandmother both deceased in 1985.
Then my uncle who was minor at that time and others(guardians ) created a fake WILL in full favor of my uncle .
Later he withdrawn the deposits from banks.
In 2007 he transferred 9 acres to his wife as gift.
later in 2014-15 he and his wife sold total 25 acre land to 3rd party to settled their liabilities and their children marriages.Now my uncle have nothing with him.
Now If my mother and her sister file suit for partition, challenge sale and for cancellation of sale deeds.
And my uncle will become ex parte.
Does it attract adverse possession due to limitation act as some part of property is gifted to his wife 12y back ? And please tell how much is the approx court fee to pay when the property market value is 2crores of total land ?


Learning

 6 Replies

Kishor Mehta (CEO)     27 November 2019

It will depend on the validity of the Will and admissibility of claim after a lapse of a long time to.

SHIRISH PAWAR, 7738990900 (Advocate)     27 November 2019

Dear Satyendra,

It is not adverse possession case. Court fees depends as per state's policy. You may have to pay highest court fees as per Maharashtra maximum court fees is 3,00,000/-.

Regards,

 

G.L.N. Prasad (Retired employee.)     27 November 2019

This is a repeated post by the same member in a different garb.  Member should understand that in such complicated cases, professional guidance is a must as several documents are to be studied, dates of execution, date of deaths, knowledge, signatures of witnesses, enjoyment of profit are decisive factors.

Satyendra Babu Gowthu   27 November 2019

Yes sir..

I am getting different type opinions from our local advocate so that I am in confusion to take step that is why I am repeating my question in different ways.. I am very sorry if I wasted your valuable time. Thanks for all your guidance and suggestions.

P. Venu (Advocate)     27 November 2019

There in limitation if the Will could be proved to be fraud. Yes, the court fee involved would be considerable. Unlike Maharashtra, many States have not limited the maximum amount of court fee.

Dr J C Vashista (Advocate)     29 November 2019

Repeate query.

You must not rely upon the obligation (FREE OF COST) of experts on this platform as their opinion and advise is bound to be based on limited facts posted by you, you will appreciate.

It is advisable to consult a local prudent lawyer with relevant records/case file for proper appreciation, guidance and proceeding.


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