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drsantosh   01 June 2015

Time period to claim ancestral property

Hello Everyone...!

Would like to have your advice, so that I will decide whether I can put case in court.
There is property(farm) which was on my grandfathers name, after his death that property turned to my fathers name.
However there are three uncles to him, so he devided that property to his uncles. It was done in 1993.
I just want to know can I object this devidation of property now? at that time I was of 12 yrs.

Regards,
Santoshh



Learning

 2 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 January 2016

1) If the property falls within the meaning of the ancestry, the right acquired by coparceners always be alive and the cause of action arises when it first comes to their notice.

 

2)  Delay cannot disentitle the claim of coparceners birth right.  However too long delay has to be explained.

 

3) Your father can relinquish his share but not his childrens notwithstanding whether or not the children are minors.

 

4) The minors when becomes major within 4 years have to challenge their share of property devolved to your paternal uncles in a court of law demanding partition.

 

5) Before going into litigation, discuss with your senior family elders demanding your share.  Thereafter, take the advice of experienced local civil lawyer and seek partition through competent court.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 January 2016

In point No.4 above a typographical error crept in to be read as .....  "The minor after becoming major within 3 years on attaining majority........."


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