hi friend
i what to know what is the time limit to file a partition suit,after sucession opens?
Devakrishnan (Consultant) 16 November 2010
hi friend
i what to know what is the time limit to file a partition suit,after sucession opens?
Vinoba (Advocate) 17 November 2010
Hi,
There is no time limit for initiating a suit partition. I differ with what Mr. Ganesan has said with regard to the concept of adverse possession. The Concept of adverse possession is not applicable among co-owners it is only the concept of ouster which is very much applicable.
L. Vinoba
Advocate,
Pondicherry.
Dalip Kumar Chhabra (Advocate) 17 November 2010
Deva ji
I also agree with Mr. Vinoba ji. I add one thing here it is so because possession of a co-sharer is possession of all co-sharer( like husband's possession) and that of a trustee.
Thanks
Dalip
valluvaraj (M.A.B.L) 17 November 2010
Sir
All of those three above views are correct. For me, one more addition. If a co-sharer denies the right of other co-sharer and doing documents of title and getting revenue records in his name and making encumbarance over the property, known to the knowledge of the other co-sharer and the co-sharer knowing well those things and kept mum for more than 12 years, the ouster will be complete. Then the right of the other co-sharer will be in great trouble.
M.Valluvaraj
Devakrishnan (Consultant) 24 November 2010
Hi friends
Thanks for the reply
Take a look at this Jurdgement ,As per this jurdgement the time limit for filling a partition suit is only 12 years as
per Limitation Act