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shilpashetty (Shop Owner)     17 March 2015

Grandfather property transferred when he was alive

* My Grandfather had 2 children’s (one is Son S1 and daughter D1) * Prior to 1990 my Father (S1) got the property in his name from my grandfather when my (Grandfather) was alive. * I don’t know exact year when my father got the property in his name. * In 1990 –– my father transferred property in my mother name. * In 1995 - my grandfather expired. * In 2005 – my grandmother expired. * From 1990 to 2015 (22 years) till now my mother is having property in her name with PANI/KATHA all title deed on her name. * Now D1 (my father sister) is claiming the property under HUF (Hindu undivided family). * Kindly Advice…Should we give the property to her? How to protect our property. Question1 – if my Grandfather’s property is his fathers (Ancestors)? Question2 – if my Grandfather’s property got from his Money (Self occupied Property) ? Question3- After 22 years of transfer to my mother, now my Grandfather daughter claiming property what about limitation period?


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 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 March 2015

Sir, 1. Daughter also have a right. 2. Daughter have no say in the property. 3. After this much of time she should have a less chance to have the property back .. Regards Kapil Chandna Adv 9899011450

shilpashetty (Shop Owner)     18 March 2015

for Q1 and Q2, you mean “less chance to have the property back”. What is the limitation period, is it 12 years????????????.

T. Kalaiselvan, Advocate (Advocate)     19 March 2015

Your fathers sister cannot claim a share in the property even if it was ancestral in nature because the same was duly partitioned well before the amendment act came into force in the year 2005 with no retrospective effect.

The same applies to self acquired property too, as the property was properly partitioned or transacted before the owners death, nobody can claim a share in it at a later stage from the beneficiary or the present owner.

 

No since it is on your mothers name and her possession is known to the sister of your father since beginning, she cannot stake a claim on your mother's own property now.

1 Like

shilpashetty (Shop Owner)     25 March 2015

Thanks kalaiselvan for the reply, even i was thinking on the same line. 

Kindly clarify two more things

1. The answer applies same for Agriculture land, because above I haven't mentioned has Agriculture land.

2. Out of 3 agriculture land, 2 lands are in my mothers name 1 land is in my fathers name. (Same holds good ?)


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