A flat bought in 1975, it was in name of my granny (maternal ) and her 4 kids, 2 yrs later 1 daughters name was removed. Gradually granny expired, and 2 kids died intestate, so now flat in name of the final kid my mother (who is alive). The sister who's name was removed at start recently died and her daughter wants a share in the house. Q) can she claim rights ? Q1 ) can limitation act play here in our favour Q2) if my mother gifts me the house via gift deed , can my cousin challenge the trf of the house and in this case the limitation act?
There are so many issues and definitely the claimant may not get initiate in the said property since her mother’s name was primarily removed. Let her go to any civil Court.
1. Your sister's daughter is not entitled to claim share in the property if your sister during her life time has not challenged her removal within three years from the date of her removal.
2. Yes, three years from the date of removal.
3. It depends upon circumstances of the case. If circumstances so provide, the WILL can be challenged. Details are required to be examined.
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