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Dear Client,
Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. An individual gets the right to ancestral property by birth. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. However, possession of property is also considered a determinative factor to claim ownership of any property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed 12 years for a claim of a property 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 the title even if acquired through inheritance shall be extinguished and the person who has possession of the immovable property shall become the owner based on the theory of adverse possession. So, after a lapse of 50 years, the possessor of the property having continuous and uninterrupted possession shall be considered the owner of the property applying the doctrine of adverse possession. In the given situation, you can try to access the property records or title documents from the Land Revenue Department and can file a suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an order of interim injunction under Order 39, Rule 1 & 2 of CPC read with Section 151 of CPC praying the Court to exercise its inherent power to do justice. If required, hire an advocate to navigate the issue in the right way.
Posted On 18-Nov-2024
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