land
3 years ago
We purchased one property in the state of Andhra Pradesh in the year 2012 by way of Registered Sale Deed from a widow lady aged about 42 years. The couple had no issues/children’s and all the revenue records including Fair Adangal reflects her husband name only except in the Survey and settlement register in which the pattadar was some X and the occupant was again the husband of widow lady and the husband of widow lady died in the year 2006.
Based on the above records we have concluded that the property was the self-acquired property of the husband of widow lady and soon after purchase we have developed the property in to residential plotted layoutwith approval concerned authority and sold all the plots to the individual buyers and we or plot owners are in uninterrupted possession of the property since the date of purchase ie year 2012
Whereas, in the year 2018 someone filed a suit claiming that the property was the self-acquired property of father of widow husband who is their grandfather who purchased the same in the year 1956 along with X above said and in turn he got property to his share during verbal partition with X and subsequently he died intestate leaving behind his wife and son and daughter and the plaintiffs in the OS are the children of daughter of original purchaser.
On our verification we found the sale deed in the year 1956 is true and correct.
Whereas, all the revenue records from Fair Adangal to Pattadar pass book and on line 1B etc stands in the name of husband of widow lady and on his death, stands in the name of widow lady.
They have submitted in the Plaint that their grand mother who is wife purchaser executed un registered Will Deed in favour of their mother in the year 2003 and their grandmother and also their mother died in the year 2004.
Please clarify whether they have time limitation to file a suit ?
sWhether they are eligible for share based on the reg. deed year1956.
Every person who has been aggrieved has a right to approach the court, however they will have to give sufficient valid ground for the delay caused in filing of the suit.
Further, they will have to provide all the documents which support their arguments. They can add that they were in the possession of the property for 42 years.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
They have a right to approach the court, however they will have to give sufficient valid ground for the condonation of the delay.
Also, they will have to provide all the documents which support their contentions. Whether to admit such documents is the discretion of the court.
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