In India, the ability of family members to claim a property after 12 years is influenced by several legal concepts, primarily the Limitation Act, 1963, and the nature of the property. Here’s a legal overview:
1. Limitation Period:
- Under the Limitation Act, the period for filing a suit for recovery of possession of immovable property is generally 12 years. This means that if someone has been in possession of a property for 12 years without interruption and is claiming ownership, they may have a legal right to retain possession.
- If family members wish to claim a property that has been in possession of someone else (e.g., another family member), they must do so within the limitation period.
2. Nature of Property:
- Inherited Property: If the property was inherited and not legally partitioned, family members can claim their share even after 12 years, provided they have not been barred by law (e.g., through a legal document that states otherwise).
- Self-Acquired Property: If the property was self-acquired by an individual and that individual has passed away, heirs can claim their rights, irrespective of how long it has been since the death, as long as they initiate the claim within the limitation period.
3. Possession and Title:
- Possession is a key factor. If a family member has been in continuous possession of the property for over 12 years, they may have established a claim based on adverse possession, which can extinguish the title of the original owner.
- However, if the property is disputed, family members may need to file a suit to establish their claim.
4. Legal Heirship:
- It’s important to establish legal heirship. If the property is inherited, the family members must prove their relationship to the deceased owner, often through a legal heir certificate or succession certificate.
5. Seeking Legal Remedies:
- If family members wish to claim the property, they can approach the civil court for partition or recovery of possession, depending on the nature of the claim.
6. Consult Legal Experts:
- Given the complexities involved in property law, it's advisable to consult a lawyer who specializes in property disputes. They can provide tailored guidance based on the specifics of the case.
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Is it legal for family members to claim a property after 12 years?
venkateshlg
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3 months
2024-09-30T09:15:07+00:00 2024-09-30T09:15:07+00:00Comment
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