Can a partition suit filed after 25 years
zubair
(Querist) 06 April 2016
This query is : Resolved
Hi every one
Mr. X have 4 sons (no daughters) he purchased property In the name of four sons jointly.
1 constructed house of 400 sq. yard and 3 acre of farm land market value of house was Rs.300 and farm land value was Rs 900 in 1960 . after the death of Mr. X in 1990 the four (son's) joint owners made a release deed for house and farm land and divided their property. They got transferred their share in their names as in the release deed. 2nd brother took house and others 3 divided the farm land. They all enjoyed the shares happly.
First and second brother died in 1996 and 1999(two are alive).
4th brother sold his share of farm land. Today the market value is different for those properties, house Rs.6 L and farm land each share Rs 16L
Now today in 2016 the son of 2nd brother who died in 1999 (house owner's son) says that the partition was wrong it should be divided again.
Now is their any chance of challenging that partition after 25 years.
it happened with my friend he is in tension he intend to sell his fathers share.
Plz help
Devajyoti Barman
(Expert) 06 April 2016
Suit for declaration is barred by law of limitation after 12 years.
zubair
(Querist) 06 April 2016
Thanx sir
He was served with legal notice from an advocate stating that his client has share in the said property
Rajendra K Goyal
(Expert) 06 April 2016
He should reply the notice through his lawyer.
RAVI K GOUD
(Expert) 10 April 2016
You did not mention that the release deed is registered one or not. If it is a registered one his case will have some weight. however your friend has got to reply the notice received and contest the case if it is filed.
