Adverse possession time limit against predeceased mother’s son(B)
We had partition of our house property in 1990 and brother (A) family are in possession of the property allotted in partition in 1990 with seperate gate.Son(A) died on 25th feb 2005 & mother(C) had inherited share in predeceased son property with A’s widow & two children & according to my understanding mother’s share in son A’s property will be 1/4. Mother died on 20 jan.2007. she did not file petition for possession/partition during her life time against brother(A).I am one of the legal heirs of mother & I as brother(B) can claim share in brother(A) property since mother(C) had died & brother (B) being mother’s (C) successor.When statutary provision of 12 years time of adverse posession against me(B) would run out to claim mother(C) inherited share in predecesed son(A)property. Sir, my question is what will be the starting date of adverse possession against me(B). Will it be from the date my brother(A) died or from the date my mother(C) died. Will the 12 year period be counted from my brother’s(A) death or from the date of mother’s (C) death.I do need citations. Kindly provide citations,without citation my problem will not be solved. As far I have studied, it will come under article 65 of the limitation Act and explanation for the purpose a,b,c will not be applicable to my understanding. You may refer to Parvathy Thilagam vs Rengasamy Nadar(Died) on 23 August, 2016 in which “Chinnammal till her death on 16.01.1985 and thereby they prescribed title adverse possession. Chinnammal lost her right in the property.” I hope I have written correctly.
Rough work, Main question is above.
(C inherited property from A after A died & logically I think that since I have inherited property from C (after C died) being one of the legal heirs of C & with it inherited from C 12 year limitition period to file suit against A, so my limitation period(limitation period which C had) to file suit should be minus limitation period already expired from the date of A’s death. It means period of limitation will be counted from A’s death. C would have lost her right in A’s property if C did not file partition suit within 12 years from A’s death and I would have inherited nothing. What the legal position is you may inform me now with reasons and citations.I may be wrong in my thinking.As far I have studied it will come under article 65 of the limitation Act and explanation for the purpose a,b,c will not be applicable to my understanding.)
Asked 8 years ago in Property Law
Religion: Hindu
Sirs,Thank you for your answers and are good,but just want to know the below mentioned questions, may not be correct to my logical thinking.This is added to my above first question already posted and received answers.
C would have lost her right in A’s property if C did not file partition suit within 12 years from A’s death and I would have inherited nothing. My question also is why B will get fresh start of 12 years limitation since B has inherited 12 years only from C. C was first successor to A’s property and B is second successor to A’s property after death of C. I need citation for it.
The following questions are for relinquesment.
Ques.1 Can a relinqueshment deed be made in favour of a particular co-sharer.
Ques.2 Will a release deed executed in favour of some of the co-parcenors would enure to the benefit of all other co-parcenors and not only in favour of those co-parcenors in whose favour release deed was made.(our property is not huf in government land records,only for income tax purpose it was being shown as huf)
Question 3. If there are five cosharer A B C D E of property, can A B C relinquesh in favour of D only. (Irrespective of Will in favour of D.)Kindly inform citations.
I am enclosing High court judgement which says relinqueshment
cannot be made in favour of specific person. Narinder Kaur & Anr. vs Amar Jeet Singh Sethi & Anr. on 28 February, 2000.
A release deed executed in favour of some of the co-parcenorswould enure to the benefit of all other co-parcenors and not only in favour of those co-parcenors in whose favour release deed was made. M.krishna rao v M.l. Narasitka rao, AIR 2003 AP 498 at p.405(AP). Subbanna v Bala subba reddi,AIR 1945 mad 142(FB) I do need citations.kindly Clarify.
Asked 7 years ago