Legal Question in Real Estate Law in India

what is 2 b done ?

It is well in the knowledge of my brothers & sisters that I M IN POSSESSION OF MY Parental property since over 20 years. THERE IS absolutely no communication amongst all of us because of ego problems from 20 years .I m paying all govt. taxes etc.I understand that I CANNOT take the plea of adverse possession against the other co-owners. But in case anyone of my sisters or brothers, if ON any future date, sue me 4 their share can I TAKE THE PLEA THAT THE SUIT IS BARRED BY LIMITATION ACT ART. 64 (not ART. 65). ART. 64( NOT 65) of limitation act requires that if the suit is not based on title then it is necessary 4 the plaintiff 2 prove that he was in possession within 12 years of filling of the suit i.e the date of filling of the suit falls within a period of 12 years from the date of dispossession, Otherwise the suit will b barred under limitation.We r hindus. Even otherwise what should I DO they are not at all interested 2 talk anything whatsoever amongst themselves also. Each & everybody is not only having any relations left with any body i.e no sister or brother talk 2 any sister or brother or with me .We all just behave like strangers in the society with no concern with eachother whatsoever.


Asked on 9/26/08, 12:28 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: what is 2 b done ?

Suit for possession on title may not be the suit likely to be filed by a co-owner against the other co-owner.

Co-owners generally file suit for partition and separate possession. The limitation for the same starts on demand of partition.

Read more
Answered on 9/26/08, 5:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: what is 2 b done ?

They are co-owners and therefore their suit will be based on TITLE.

You should offer them their share by writing a registered letter.

If the property cannot be divided by metes and bounds, it should be put to sale and proceeds should be divided.

You can even apply to the court for partition/sale of the property to divide amongst all share holders.

The plea of limitation you are contemplating will not be maintainable.

Read more
Answered on 9/26/08, 8:04 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India