Ancestors land sold by grandparents without the consent of legal Heir
1 month ago
We had an ancestor property, a farm, a plot and a residential house. My dad expired on 26/11/2002 so on the date the properties were having ancestors named, in year 2008, ancestors names are removed and my grandfather's name got added however my grandfather didn't included me or my mother as legal heirs after my father's death but sold the property to my father's sister and later they sold it to third parties in an objective to disclose our rights. I have filed a legal suit for the properties in court however the third party has built a house on the land.
My question is that, does my case has any legal stand and is there any hope? Also what will happen to the residential land on which house is already constructed? All the sale deeds may get cancelled and I can get the property back?
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. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title shall be extinguished and the person who has possession of the immovable property shall become the owner by the right based on adverse possession. Being the cause of action pertains to the year 2008, now your claim might be barred by limitation. You should have raised your claim earlier within the limitation period. Reach out to an Advocate for guidance and steps.
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