Respected advocates, My grand father self earned property is been transferred to his stepmother son after his death (in 1990) without any notice to his son ( My Father) died in 1995, There is no document of Transfer NO ROR PROCEEDING - NO AMENDMENTS how the property is transferred and we are unaware that the property which is in front of our eyes, used to belong to My Grandfather and its been almost 32 years now Pahani [deleted] ( My Grandfather Name and no tenant ) 1957 - 79 ( My Grandfather Name and no tenant ) 1979 - 89 ( My Grandfather STEP mother's son in position as Tenant ) [deleted] ( My Grandfather Died ) 1990 - 92 ( Property Updated to Step Mother son who was a Tenent as Pattadar (Owner) and till date one transfer to their children after his death its been 3 years. what is the process of claim.. Some say go for partition , How is this come under partition because self earned property transferred to stepmother son . Please give your valuable suggestion..
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On grand father demise your grandmother ,your father ,his siblings had equal share in property
2) you have to file suit for partition for division of property by metes and bounds
3) seek orders to set aside fraudulent transfer in favour of stepmother son
4) seek injunction restraining sale of property
If this property belonged to your grandfather then upon the intestate death of your grandfather it devolves equally on his own legal heirs.
His step mother's son has no rights in your grandfather's self acquired property until your grandfather had voluntarily transferred to his name during his lifetime or by a Will after his death.
In the intestate situation, your deceased grandfather's legal heirs are entitled to succeed the properties that were lying on his upon his intestate death.
As your grandfather's stepmother's son was not a legal heir, the legal heirs of your grandfather, or the legal heirs of the deceased grandfather shall file a suit for declaration to declare the title and for possession of property, if they do not physically possess the property.
You have to file Declaration suit . so all legal heirs will be declared as owners and will facilitate the transfer process.
Alternatively, instead of declaration suit, a partition suit can be filed.
Other injunction orders will be taken by your lawyer.
Note - The advice is being given on the basis of the facts given by you, absolutely free of cost irrespective of any charges paid by you to website .
You send a legal notice and file suit for cancellation of the deed in civil court
Dear Client,
the legal heirs for your grand father's self acquired property will be his wife and children in first line if he died intestate. if he had made any registered or unregistered will that the property should go to his half brother, then you cannot do anything. if its not the case, then your grand mother, father and his siblings are entitled to get the property. the statutory period of limitation that is allowed for possession of immovable property or any interest is 12 years in the case of private property. but as per the facts mentioned, you got to know about the property was your grand father's self acquired one, this can be raised in the court if limitation period is brought to question.
- As per law, your grand father was having his right to give his self property to his stepmothers son by way of a WIL or a registered gift deed without the consent of others.
- If there is no record for the same , then how you came to know that your grand father transferred the property to him.
- Hence, after the death of your grandfather , his property would be devolved upon his legal heirs equally, and all the further transfer of the property by the step mother is invalid.
- Your father can send a legal notice to the legal heirs of step mother for dividing the property , and if no response then he can file a partition suit before the Court.
Sir step mother son after him his childrens are in position since 32 years .. will it come in adverse possession or can I go for partition suite... he is in position from 1990 to till date and all mutation in pahani passbook is in his name but no registration documents shown
If you have rights in the property as one of the successors in interest, you can proceed with the suit for partition.
The law of adverse possession will not be maintainable in this situation.
Neither it is barred by limitation act.
It depends on entire facts whether possessed became hostile in their hands. Adverse possession is not easy to establish. It needs ro be proved I'm court of law
You have to take the plea that you became aware of fraudulent transactions recently and have filed suit within period of 3 years of discovery of fraud
he can take the plea of adverse possession
- Yes , you can file a partition suit even he is residing in the property since long period .
- Legally , the limitation period of filing the partition suit is 12 years after the death , however , you it can also file from the date of refusal to give the share .
- Further, they cannot take the ground of adverse possession , as there is already a claimant of the property.
Dear Client,
since it is a private property, it will come under the adverse possession,