I’ve a question concerning the Limitation Act. Suppose Mrs X purchased a property in 1996. She expired in 2002 with none will, neither registered nor unregistered.
There was a registered declaration deed made by 5 of her sons in 2009, claiming that there aren’t any different authorized heirs of the deceased, and he or she didn’t go away any will.
All the 5 members bought the property to some occasion with mutual consent. There are a number of transactions carried out for the stated property after that, and now, the final sale deed is from 2018.
The property is now coming to a financial institution for mortgaging. Is it secure to mortgage, or can any of the authorized heirs (if apart from these 5 within the declaration deed) declare the property?
—Dhruv Khanna
With the restricted info to reply your question, we assume that Mrs X owned some property and had 5 sons and no different authorized heirs and that she handed away intestate, i.e., with out leaving a will in 2002.
Further assuming that each one the authorized heirs of Mrs X had duly transferred the topic property in favour of a 3rd occasion, then mortgaging the property wouldn’t be a dangerous proposition.
However, there could also be two prospects, when any of her sons might declare an curiosity within the property.
Firstly, if, out of all her authorized heirs, any one in every of her sons was a minor, he would have the fitting to just accept or reject such a sale transaction inside three years from the date of turning into a significant, i.e., of 18 years of age.
Secondly, if any of the sons show that the sale transaction of the topic property was carried out fraudulently, no matter the limitation, the sale transaction could also be put aside by a court docket of legislation, as fraud vitiates each act.
Aradhana Bhansali is accomplice, Rajani Associates.
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