Legal Question in Real Estate Law in India

Property: House in Gujarat and empty. Property tax and electricity I pay in my name.

Ancestor property: no one knows and no record in record office.

Whose name: On my name and transferred based on grandfathers WILL documented in Panchayat. WILL is not available or does not exist today.

Property was transferred to me in 1985 (I was 20 years old and my grand father passed away in 1981) based on the record in Panchayat

Family Tree: My grandfather had two children. Son (my father � passed away) and daughter (widow). My father had 5 children including me.

Problem: My older brother is asking for 50% share.

Does my brother have rights to ask after 25 years or for that matter anyone else to question after 25 years? Is there a limitation ?


Asked on 3/31/13, 8:08 pm

5 Answers from Attorneys
uttam Tibrewal

dear client...

Since WILL is not available so ur brother has right to claim over the same..

for any query mail me at [email protected]

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Answered on 3/31/13, 10:30 pm
Shrichand Nahar S.V.Nahar, Advocate

Your statement that property records are not available appears incorrect.

If property records disclose that you became owner as per Will, then for contesting any disputes that Will should be there. If that Will was a registered Will, then you may get a Certified Copy.

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Answered on 4/02/13, 10:14 pm
Jayesh Desai Jayesh Desai

The transfer took place in 1985. Your brothers claim would be hopelessly barred by law of limitation.

Copy of Will has to be available with Village records, based on which transfer must have happened, and they must have taken, at the relevant time, No objection from all; including your siblings.

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Answered on 4/04/13, 6:02 am


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