Prasath Ramu
Asked February 20, 2017

Claim to Property

  • 2 Answers
  • 257 Views

Sir we belongs to hindu family. My father has 4 acres of land . Their brother and his sister gave all the rights to my father by a partition deed after my grandfather's death.The above said land has no parent document . My father give the above said 4 acres to my sister by a settlement. Can I able to claim rights over that property by a SUIT. Please guide me sir Thanking you

Answers 2

You are advised to file a case under Section 17 of the Indian Limitation Act, 1963 and Section 53 of The Indian Property Act, 1882, claiming that the transfer of property to your sister was a result of mistake and/or fraud.  You can claim that this is a case of “adverse possession”, i.e. , somebody else occupying any property that is legally yours.

 

Under Sections 64 and 65 of the Indian Limitation Act, 1963, you can file a case within 12 years of “adverse possession”, starting the date your sister took over the property in question. You can point out that the property was transferred by your father mistakenly or owing to wrongful influence, coercion, fraud or deceit applied by your sister and that you discovered the same very recently. It would also help your case if you have genuine documents and witnesses to back your claim up.

Agree Comment 0 Agrees over 3 years ago

You are advised to file a case under Section 17 of the Indian Limitation Act, 1963 and Section 53 of The Indian Property Act, 1882, claiming that the transfer of property to your sister was a result of mistake and/or fraud.  You can claim that this is a case of “adverse possession”, i.e. , somebody else occupying any property that is legally yours.

 

Under Sections 64 and 65 of the Indian Limitation Act, 1963, you can file a case within 12 years of “adverse possession”, starting the date your sister took over the property in question. You can point out that the property was transferred by your father mistakenly or owing to wrongful influence, coercion, fraud or deceit applied by your sister and that you discovered the same very recently. It would also help your case if you have genuine documents and witnesses to back your claim up.

Agree Comment 0 Agrees over 3 years ago

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