LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arush Jain (Student)     08 May 2012

Succession of women after 20 years in converted land

20 years ago, an agriculture land purchased by Mr. X from 3 brothers. Before 7 years the said land get converted and patta issued from the local authority. Now almost 20% of the houses constructed in that area.

Now, a lady who is sister of that 3 brothers filed an appeal before the court that she is a legal sister of that brothers and now want her share.....


How it can be possible, if someone is awake from last 20 years and no objection raised till the date...

Please put light on the matter !!!



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 May 2012

Dear Querist,

Normally the period of limitation for challenging such transactions is 12 years, however there are a lot of exceptions and exclusions that make the actual effective period much longer, I am sure some exception (fraud/lack of knowledge etc) has been taken by their sister to make their petition maintainable. How to rebut the same cannot be commented without perusing pleadings.

Feel free to consult in extenso.

 

Bharat Chugh

adv. rajeev ( rajoo ) (practicing advocate)     08 May 2012

How the three brothers got the property in their name?

Arush Jain (Student)     09 May 2012

Sir in detail :

Father died and the agriculture land goes to three brothers. That three brother sold land to my client. At that time sister was there and her name was not entered in the land records. in 2006 the land got converted and pattas were issued by local authority on the name of my client. In the procedure of issuing pattas the local authority issued public notices for any objection....but at that time also no objection raised by that lady or any other people.

from 2009, there are different construction activities going on....like making boundary wall and the gate of township, etc. from 2011 there are almost 20-25% of houses going to build, now few days before she put an appeal regarding succession of property....

is it maintainable ?? or how can one fight in high court and supreme court ???

 

adv. rajeev ( rajoo ) (practicing advocate)     14 May 2012

Immediately after the death of your father succession opens.  Accordingly all the legal heirs of your deceased father's are entittle to claim equal share 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register