Tuesday 12 November 2024

Navigating the Inheritance Maze: Your Guide to Probate, Will Disputes, and Estate Challenges

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Deadline for legal heirs to file court case for claiming share in property

Time Limit for Legal Heirs to Claim Share in Property of Deceased Hindu Male Without Will

Legal Battle Looms Over Hindu Male’s Estate as Heirs Fight for Share

In a dramatic turn of events, the estate of Mr A, a Hindu male who passed away without leaving a will, has become the center of a legal battle between his three children – X, Y, and Z. According to Hindu succession laws, all assets of an intestate Hindu male must be equally distributed among the immediate legal heirs. However, X, who currently possesses Mr A’s house, has refused to share the property or provide a monetary equivalent to Y and Z.

The question on everyone’s mind is: Is there a time limit for Y and Z to file a court case to claim their rightful share of the property? According to legal experts, the Limitation Act, 1963, prescribes a 12-year period within which legal heirs must file a claim for their share in the assets of a deceased individual.

Divi Dutta, Partner at Shardul Amarchand Mangaldas & Co, explains that the 12-year deadline is applicable to all types of properties, whether ancestral, self-acquired, or joint. The clock starts ticking from the date on which the exclusion from the property becomes known to the aggrieved legal heirs.

But what happens if the 12-year period expires? Meghna Mishra, Partner at Karanjawala & Co, warns that failing to file a claim within the specified time frame may result in the court dismissing the claim as time-barred. This means that the legal heirs may lose their right to pursue their claim over the property.

Heena Chheda, Partner at Economic Laws Practice, emphasizes that if the rightful legal heir of an immovable property does not make a claim within the 12-year period, the possessory owner – the person in possession of the property – will acquire rights and interests in the property. In other words, the legal heirs will lose their claim over the property if they do not act within the prescribed time limit.

As the legal battle over Mr A’s estate unfolds, it serves as a stark reminder of the importance of timely action in securing one’s inheritance rights. Legal experts advise seeking guidance from qualified professionals to navigate the complexities of succession laws and ensure a fair distribution of assets among legal heirs.

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