Hi Iam an orphan I have received property from my parents which they received from my grand father and my grandfather has 4 sons now one of my cousin claims his father has received less share and he wants to get an equal share distributed now. 1, My grandfather has passed away long back post that his sons split the property and it's been 20 years since the split of property. 2, My parents passed away and i received the property which they acquired from my grand parents 3, My cousin's father also passed away 4, I have all the legal documents.
1. When the self acquired property belonged to your grandfather it was his prerogative to have distributed the same to his sons as per his sweet wish and will..
2. Since you have all the legal documents, you need not do anything at this stage to counter your cousin's claims.
3. If your cousin serves a legal notice or straightaway goes to Court, you can counter it with the legal documents to your advantage.
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You can challenge the claim being time barred
Refuse to give him any more share
partition among your father and his siblings was final
Your family have been in possession for over 20 years
it is doubtful cousin would get any relief from courts
Documents are required to be examined.claim of cousin is not maintainable and further is barred by limitation.
If the properties were mutually partitioned during the life time of your grandfather and accordingly the same has been enjoyed by the four sons respectively then the said share can not be questioned anymore by your cousins at this point of time.
Grandfather's Property Distribution: If your grandfather passed away a long time ago and his sons (including your parent) divided the property years ago, that division would typically be considered final, especially if it was done voluntarily and without dispute at the time.
Your Ownership: As the property was passed to you from your parents (who inherited it from your grandfather), you now hold the legal title to it. Unless there was some unresolved legal claim or dispute during the division of property years ago, your ownership is protected.
Your Cousin's Claim: Your cousin is now claiming that his father received less than his rightful share. However, since the property was divided 20 years ago and your cousin’s father is now deceased, the claim may not be valid unless it can be proven that the division was unfair or violated any legal rights at the time.
Legal Time Limits: In many cases, there are legal time limits (called the statute of limitations) within which claims can be made regarding property disputes. Since this division occurred 20 years ago, it’s likely that your cousin’s claim is time-barred unless he can demonstrate that there were fraud, coercion, or other wrongful actions during the property distribution process.
Documents: If you have all the legal documents that prove your ownership (such as transfer deeds, inheritance documents, and the original property division papers), you have strong legal evidence of your rights to the property.
Your father's share inherited through a partition among his siblings shall be his own and absolute property.
Your father has full rights to transfer the same to anyone including his legal heirs.
The partition of property was done during your grandfather's period which was not objected by his next generation heirs.
Now the claim made about allotment of less share by your cousin is not maintainable.
Your cousin never had any rights over the property until it was transferred to him by his father out of his share therefore the suit filed by your client is nothing but vexatious and for greedy purpose.
You can challenge it properly and get it dismissed.
Dear Client,
In the Present Scenario, the property had been originated from your grandfather and was partitioned among his four sons, after he passed away. This happened before 20 years. Herein, your parents had inherited a share of the property from your grandfather which was later shared to you upon your parents' death. Further, now, your cousin is now claiming that his father had received less than his fair share and is thus, seeking an equal redistribution. Herein, under the Limitation Act, 1963, any challenge to the partition should have been raised within 12 years of its occurrence, making his claim time-barred unless he can prove fraud or gross unfairness, both requiring substantial evidence respectively. Furthermore, your inheritance from your parents under the Hindu Succession Act, 1956, is absolute if there are no other heirs, and you have supporting legal documents for the same. Additionally, the transfer of property act, and the Bharatiya Sakshya Adhiniyam, protect your ownership if no irregularities against you are proven. Unless a concrete evidence is provided by your cousin, he cannot reopen the partition suit.
Hope you find this answer beneficial for resolving the dispute.
1. The limitation period of filing the suit is already passed , and further after the demise of grandfather he cannot get any share
2. You have legal right over the property which you got from your father being a legal heirs of him.
3. He can claim his fathers shares
4. You can apply for mutation of the property in your name after submitting the proof and fathers death certificate.
