illegitimate child
1 month ago
my father passed away in 1990 and Im illegitimate child. we are fighting with 1st wife and other father side relatives since my father demise. in 1990 my mother filed a case and compromised in 1993 for some cash and they failed to settle cash. again we filed a case in 1994 and compromised to some property share in 1995. After completing my 18 years, I filed a case in 2009 contesting the compromise petition and received a judgement in 2015 saying that Im entitled to receive 1/3 of my father property. we didnt add one property item in 2009 case as we dont have any documents. now I got the documents of that property but my father's 1st wife and relatives sold them. how can I get share in that item.
If you failed to include a property in a civil suit filed in 2009 due to lack of documents, you may have lost your right to claim a share in that property. Article 65 of the Limitation Act, 1963, sets a limitation period of 12 years for filing a suit for possession of immovable property or any interest based on title by the owner or legal heirs. This period begins when the defendant's possession becomes adverse to the plaintiff. Failure to file within this period can result in the extinguishment of the owner's rights, allowing the person in possession to become the owner, even through adverse possession.
When you failed to add a property for want of its papers/documents in the civil suit filed in 2009, you, unfortunately, lost your right to claim a share in the said property which is now barred by limitation. 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 or possession shall be extinguished and the person who has possession of the immovable property shall become the owner of that property even applying the principle of adverse possession.
Property dispute
father sold my share of ancestral property
Gujarat 7-12 Document Name Change Possible Old Name to New Name
property issue
Property
