Succession Certificate
2 months ago
Hello I'm from Mumbai and i have filed a petition in the civil court against my aunt who has possession of an apartment originally bought by my late grandfather but was transferred in my late father's name after my grandfather passed away and the said property is currently in my late father's name.
I have filed a petition in the civil court claiming I'm the legal heir and i should get to enjoy the possession and full share of the said property
My lawyer suggested me to make Succession certificate which will help me claim my right in the said property, i want to know whether till how much extent will this succession certificate help me in this case and what is its importance?
A.Dear Client,
When a property owner passes away without leaving a will, the legal heirs and family members are entitled to an equal share in the property through intestate succession. In such cases, a succession certificate can validate the legal heir's claim to their share in the property. The information provided doesn't specify the purpose and nature of the civil suit filed in court. If the suit aims to regain possession of the property from the aunt, it's important to consider the limitations outlined in the Limitation Act, 1963.
Article 64 of the Limitation Act sets a 12-year limitation period for claims based on previous possession, not on title. Meanwhile, Article 65 provides a 12-year limit for a suit for possession of immovable property on grounds of title by the owner or legal heirs. This period begins when the possession of the defendant becomes adverse to the plaintiff.
For a claim based on adverse possession, the possession must be continuous, uninterrupted, and hostile, indicating the occupier is aware they lack legal title. If the claim for possession isn't filed within the prescribed limitation period, the owner's right based on title or possession may be extinguished, and the person in possession may become the owner by right.
In this situation, it's important to consider the potential for a counter-suit by the aunt under Article 64 of the Limitation Act, claiming ownership based on adverse possession. Legal advice is recommended to navigate these complexities.
When a property owner passes away without leaving a will, the legal heirs and family members are entitled to an equal share in the property through intestate succession. In such cases, a succession certificate can validate the legal heir's claim to their share in the property. The information provided doesn't specify the purpose and nature of the civil suit filed in court. If the suit aims to regain possession of the property from the aunt, it's important to consider the limitations outlined in the Limitation Act, 1963.
Article 64 of the Limitation Act sets a 12-year limitation period for claims based on previous possession, not on title. Meanwhile, Article 65 provides a 12-year limit for a suit for possession of immovable property on grounds of title by the owner or legal heirs. This period begins when the possession of the defendant becomes adverse to the plaintiff.
For a claim based on adverse possession, the possession must be continuous, uninterrupted, and hostile, indicating the occupier is aware they lack legal title. If the claim for possession isn't filed within the prescribed limitation period, the owner's right based on title or possession may be extinguished, and the person in possession may become the owner by right.
In this situation, it's important to consider the potential for a counter-suit by the aunt under Article 64 of the Limitation Act, claiming ownership based on adverse possession. Legal advice is recommended to navigate these complexities.
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A.Dear Client,
When a property is left by a deceased owner without any will, all the surviving legal heirs and family members are entitled to an equal share in the said property. So, in the case of intestate succession, a succession certificate can substantiate the claim of the legal heir to obtain his share in the said property. Your query does not reveal the purpose and nature of the civil suit you filed in the court. If the civil suit is filed to get back the possession of the property from your aunt, then it may be noted that according to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, filing of a counter-suit by your aunt under Article 64 of the Limitation Act claiming ownership of the property based on adverse possession cannot be ruled out. Reach out to an experienced property Lawyer for guidance and steps.
When a property is left by a deceased owner without any will, all the surviving legal heirs and family members are entitled to an equal share in the said property. So, in the case of intestate succession, a succession certificate can substantiate the claim of the legal heir to obtain his share in the said property. Your query does not reveal the purpose and nature of the civil suit you filed in the court. If the civil suit is filed to get back the possession of the property from your aunt, then it may be noted that according to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. In the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, filing of a counter-suit by your aunt under Article 64 of the Limitation Act claiming ownership of the property based on adverse possession cannot be ruled out. Reach out to an experienced property Lawyer for guidance and steps.
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