Dear sirs,
Apparently due to this Hindu succession act 2005 amendment was done retrospectively, lot of such cases are cropping up all over due to high valuations of lands in recent times.
This is most common case cropping up all over India. Pl reply with any jusgements to this effect on such case
A Lady named Papamma had a self acquired property purchased from others in the year 1952-53. In the year 1989-90, Upon death of the Mother, 4 sons of Papamma acquired the title through succession and got the Pani n revenue records transferred the property in their names. They have also obtained a family tree and Inheritance certificate (IHC) from local Tahasildar’s office showing that they are the only 4 children having an absolute ownership of this property.
Based on this, after due verification of all docs, I have purchased this property in 1995 in Bangalore under a registered sale deed and got all revenue records (Pani n Mutation registers etc.,) transferred in my name and have been paying taxes regularly to the revenue dept since then.
Before I purchased this property, it was a baron/dry land. After I bought it, I had installed bore well in 1996 itself and made a compound wall/fencing all around and have developed the property in to fertile cultivable land with a Mango/Teak/Banana trees and have been growing other vegetable by myself and am in peaceful possession of the said property till date.
I have received a court notice recently from One Lady called Venkateshamma (claiming herself to be a daughter of Papamma by producing a new family tree which is different from the one produced by her brothers at the time of sale of the property to me) claiming that Papamma had 7 children (4 male of which one died as bachelor.. and 3 female children totalling 6). Claiming that she was not party to the sale deeds executed by her brothers in 1995 and under Hindu succession act,2005 she is entitled to 1/6 share of the said property.
I purchased it in 1995 and am in possession of the same till date and cultivating it by myself.
Upon checking, we came to know that the Papamma Family member are still holding few more other lands in the Joint family name. Apparently now they have concocted with this lady with a malafide intention to file a suit on to my property sold by them long time ago to make some wrongful gains now. since from the date of death of Smt. Papamma i.e., 25 years back, and the present suit filed after long lapse of almost more than 25 years, will it be barred by limitation?
Is there any merits in the case since the family members of Smt. Papamma had alienated the properties very long back for their legal necessities and utilized the sale consideration amount for their family needs which could have also been taken by daughters also and Do the daughters still have any right to question the alienation after the long lapse of more than 16 years with false and frivolous grounds?
Could you pl enlighten me on how to go about this case and if at all Venkateshamma (claiming to be the Daughter) has any legal grounds to fight n win the case and on what ground I can get the case dismissed?
If there are any judgements to this effect, Pl give me references of the same.
Thank you.
Hari prasad.
10/2/11
