Querist :
Anonymous
(Querist) 30 August 2011
This query is : Resolved
cause of action -- when does it start. limitation act -- how long it lasts, and from when in property cases. are these two, cause of action and limitation period -- take effect at the same time or not. please explain the time limits for property cases to file suit or claim in any court of law.
M/s. Y-not legal services
(Expert) 30 August 2011
Better you have to stated about the facts of your case. Its may be easy to answer you.
adv. rajeev ( rajoo )
(Expert) 30 August 2011
cause of action is cause when the dispute arose. Limitation Period: There some limitation periods to file the suit. Limitation period depends on the nature of the suit.
Raj Kumar Makkad
(Expert) 30 August 2011
visit the following link wherein this subject has been discussed in detils:
http://en.wikipedia.org/wiki/Conversion_%28law%29
prabhakar singh
(Expert) 30 August 2011
And if you 'ld not understand then CAUSE OF ACTION IS A SITUATION WHERE YOU HAVE RIGHT AGAINST 'THE OTHER ' BUT 'THAT OTHER'DENIES IT,THEN WHAT WILL YOU DO?
kill him or will "proceed to court for enforcement of that right".The latter action is called CAUSE OF ACTION,the former is an offence of murder.HENCE DENIAL OF YOUR RIGHT BY YOUR OPPONENT GIVES BIRTH TO "CAUSE OF ACTION".
NOW COMING TO limitation,according to jurisprudence of law A RIGHT NEVER DIES BUT YOUR RIGHT TO ENFORCE IT THROUGH COURT GETS BARRED IF YOU COMMIT INORDINATE DELAY IN ENFORCING YOUR REMEDY. HENCE IS THERE A LIMITATION ACT BASED ON PUBLIC POLICY OF EXPECTATION OF AVAILABILITY OF DIRECT PRIMARY EVIDENCE OF A QUESTIONABLE FACT.
WHEN YOU WILL GO THROUGH EVIDENCE ACT ,YOU WILL FIND A SCHEDULE WHICH PROVIDES LIMITATION FOR EVERY CAUSE.
TO CUT SHORT, GENERALLY SPEAKING, IN IMMOVABLE PROPERTY DISPUTES IT IS 12 YEARS. FOR MOVABLES IT IS 3 YEARS AND FOR TORTIOUS MATTERS 1 YEAR.
girish shringi
(Expert) 30 August 2011
In short consider the last happening in the transaction or dispute arised in the property matter or whenever you come to know about the facts of the dispute,is the time from where time limitation start in the case of property specified in the Limitation Act. However you have to prove the facts of delay in the court of Law.
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