Legal Heirs And Property Rights
1 month ago
my parents left a self-acquired property in South Mumbai. (A rented apartment). We are 3 legal heirs my two sisters (elder (55, 45 and me age 42). I am living since birth at my father’s place. There is a court case going on my house (my father had challenged the entitleship of the landlords since two people were claiming the property A & B). I stay in this property at present and convinced that party A is the landlord but my sisters are convinced with party B and asking me to continue with the case. I don’t want to fight the case because 80% of the people pay rent to party A and he has shown us papers (also m not financially sound). How to get rid of this? Because if I settle at present I will hardly get any money, my intention is to wait till re-development to get some good amount in hand.
Further, my sisters even want an equal share in the property. I don’t have problem in giving the share as I know the law is as such about daughters equal rights and all. But from past 20 years I have been maintaining the property, I look after MHADA notices, I took care of internal expenses, also my second sister stays in my mother’s self-acquired property and doesn’t allow me to be a legal heir in that property and take my share in it.
I am not in good relation with sisters and it becomes difficult to manage things at court.
What share should I get overall in my south Mumbai property? (considering maintenance and even mother’s property)
In cases where a property owner passes away without leaving a will, all surviving legal heirs and family members are entitled to an equal share of the property through intestate succession. A succession certificate can validate the claim of a legal heir to their share of the property in such cases.
If a civil suit is filed to reclaim possession of property from individuals A and B, it's important to note the limitations outlined in the Limitation Act, 1963. Article 64 of the Act sets a 12-year limitation period for claims based on previous possession, not on title. Article 65 of the Act also establishes a 12-year limitation period for suits for possession of immovable property based on title, starting from the point when the defendant's possession becomes adverse to the plaintiff.
Regarding adverse possession, the claimant must demonstrate continuous, uninterrupted, and hostile possession of the property for the entire statutory limitation period. Failure to file a claim within this period may result in the extinguishment of the owner's rights based on title or possession, with the possessor becoming the legal owner through adverse possession.
In the case of your mother's self-acquired property in South Mumbai, as a legal heir/coparcener, you have the right to claim an equal share. To pursue your claim, you can file a civil suit for declaration under Section 34 of the Specific Relief Act, 1963 before the appropriate Civil Court. Additionally, seeking an injunction on the property under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC can be requested to ensure protection of your rights. Furthermore, you can file a partition suit before the Civil Court to seek an order for partitioning the intestate properties, provided that litigation costs are not a constraint for you.
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. If the civil suit is filed to get back the possession of the property from A & B, 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, which 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 of the property applying the principle of adverse possession.. You are equally entitled to claim an equal share in your mother's self-acquired property if your mother left it intestate. In the given situation, to obtain your share in the said property in south Mumbai and your mother's property, you being a legal heir/coparcener can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction on the property under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice and additionally can file a partition suit before the competent Civil Court praying for an order of partition of the said intestate properties if the litigation cost of the suit is not a factor/constraint to you. Reach out to an Advocate experienced in property matters for guidance and steps
Covered garage
Government Land Occupying
Balcony extension
Digging borwell infront of my house without permission
Property documents
