1943 DOCUMENT NOT YET REGISTARTION IN MY NAME 1943 DOCUMENT NOT YET REGISTARTION IN MY NAME

1 month ago

This is bring to kind notice that our property is 1943 document 1 acre in the property of in our grand mother name of document.my father two brothers and my aunts 4 memebers 3 members died and my fathers 2 memebers also died.0.50 cents 1 person will be registerd documcent and my document not yet registered.how to i i registered the my land registaration dcoument.Plz suggest the matter as soon as possible.

Anik

Responded 4 weeks ago

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A.Dear Client,

In cases of intestate succession, where a deceased owner leaves no will, all surviving legal heirs and family members are entitled to an equal share in the property. A succession certificate can substantiate the claim of a legal heir to obtain their share in the property.

Under Article 64 of the Limitation Act, 1963, a limitation period of 12 years is prescribed for a claim based on previous possession, not on title. Article 65 of the same act provides a 12-year time limit for a suit for possession of immovable property or any other interest based on title by the owner or their legal heirs. This period starts when the possession of the defendant becomes adverse to the plaintiff.

In claims of ownership by adverse possession, the possessor's occupancy must be continuous, uninterrupted, and hostile, despite lacking legal title. If a claim for possession is not filed within the prescribed limitation period, the rights of the owner based on title or possession will be extinguished, and the person in possession of the property will become the owner by right.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 weeks ago

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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. 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 by the right. Reach out to an experienced property Lawyer for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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