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manu (advocate)     23 August 2009

partition suit limitation

friends,

when mr x was minor a partition deed was entered into between his family members to which he was not a party and he was not represented by any of his guardians. now after five years of attaining majority he has filed a suit for partition and also sought for the declaration of previous partition deed as void and not binding on him.

is the above suit time barred??

in my opinion if a minor was a party or he was represented by guardian in a previous partition deed and he is questioning the said deed on attaining majority the time limit prescribed by law to bring such a suit is three years. but it is the law of the land that no person is bound to seek for the cancellation of the document for which he was not a party. hence in my opinion the above suit is not barred by limitation. am i right??

can i get any decision on this topic???



Learning

 3 Replies

Adinath@Avinash Patil (advocate)     26 August 2009

Dear Manu,

There is no limitation for filing partition suit.

adv. rajeev ( rajoo ) (practicing advocate)     29 August 2009

No limitation for partion.  Cause of action arises always when the share is denied.

R.Ramachandran (Advocate)     08 November 2010

The minor has to object to the partition or seek cancellation of partition entered into when he was a minor, within three years of his becoming a major.  Beyond three years the action would be time-barred.


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