Ancestral property
Adv. Yogesh Pawar
(Querist) 12 February 2019
This query is : Resolved
My uncle filed petition before cjjd for his share in ancestral property after 31 years. The 7/12 of the property is on my father's name. Before filing the said petition no notice was served on us by the petitioner. The said said petition is also exceeding limitation.
I have to file revision against the order of cjjd, what is the procedure?
KISHAN DUTT KALASKAR
(Expert) 13 February 2019
Dear Sir,
You have done very good thing by preferring appeal. The law is as follows:
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LIMITATION 12 YEARS FOR FILING SUIT FOR PARTITION
ARTICLE 106 OF LIMITATION ACT
When suit for partition will become barred by limitation?
Article
106 of the Limitation Act provides for period of 12 years limitation for a
distributive share of the property of intestate against other person illegally
charged with the duty of distributing the estate. Time begins under Article 106
when the legacy and share becomes payable or deliverable. Under Article 110 of
schedule¬I of the Limitation Act, suit has to be filed within 12 years by a person
excluded from joint family property to enforce a right therein which time
commences when the exclusion becomes known to the plaintiff. Even if it is the
case of the plaintiff that he was deprived of property of the deceased father by
first defendant is concerned, Article¬106 of schedule¬I to the Limitation Act
would be attracted. Consent award was declared on 15th April 1986. Decree in
terms of consent award was passed in 1991 whereas suit is filed on 6th April
2011. Prayer (b) thus in my view is on the face of it barred by law of limitation.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 808 OF 2011
Naresh Lachmandas Aswani
V
Haridas alias Hardas Lachmandas
CORAM : R.D. DHANUKA, J.
Dated: 18th OCTOBER, 2013
Citation: 2016 (4) ALLMR 286
By an order dated 26th July, 2012 passed by this court, two issues
were framed under section 9A of the Code of Civil Procedure, 1908 in Notice of
Motion NO. 1157 of 2011. In view of the issues framed under section 9A of the
Code of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties were
given opportunity to lead oral evidence on the jurisdictional issues framed by this
court. Learned counsel have addressed on those issues which are answered by
this court in the later part of the judgment.
ARTICLE 106 OF LIMITATION ACT MAY BE VIEWED online.
Please mark “LIKE” if satisfied by my answer.
