Limitation for partition against registration of land
Querist :
Anonymous
(Querist) 13 May 2021
This query is : Resolved
Sir,
The agriculture Land is the self acquired property of my Mothers' Father[Maternal Grandfather].
He died intestate in 1958 leaving behind his Son(A), daughter (B)(my mother).
On 24/2/2017, My uncle(A) sold the entire land showing Patta (Revenue document) as his title hiding the registered title deed which is in name of my grandfather.He hidden the presence of my mother(B). We came to know about this sale on 01/02/2020 and we sent a legal notice for partition on 04/02/2020 to my uncle and the person who bought the land.
They haven't replied for our legal notice.So we filed a partition suit in district court and prayed to set aside the registration which wont control my mother share in the property.Our case got filed on 04/03/2020.
My query is:
1) Do my case will be rejected on ground of Law of Limitation?
2) I came to know about this registration during 2019 which happened on 24/02/2017 and I sent a legal notice on 04/02/2020 .But case got filed on 04/03/2020 i.e. 3years and 9 days which exceeds the limitation of 3years. The court proceedings are happening.If the defendants Cites the Law of limitation,Will it be barred by law of limitation?
Kindly share your knowledge please.
Sankaranarayanan
(Expert) 13 May 2021
. you already appointed a lawyer so better to seek clarity from your lawyer is advisable
Advocate Bhartesh goyal
(Expert) 13 May 2021
( 1 ) No
( 2 ) Law of limitation does not apply in partition suit since right to partition is continuing right having recurring cause of action.
SHIRISH PAWAR, 7738990900
(Expert) 13 May 2021
Hello,
Yes, agree with Goyalji it is a continuing cause of action so no limit to file a partition suit.
Pradipta Nath
(Expert) 13 May 2021
Agreed with Learned Senior Advocate Bhartesh Goyal.
kavksatyanarayana
(Expert) 13 May 2021
I agree with the advice of the learned expert Mr. Bhartesh Goyal sir.
Querist :
Anonymous
(Querist) 14 May 2021
Ok Sir
Thank you
My doubt was as my uncle sold the entire land including my mother share to a 3rd party showing Patta in his name as a title document.
This confused me
P. Venu
(Expert) 14 May 2021
Yes, the partition suit is not hit by limitation. Patta or entries in the revenue records are not absolute as to title.
T. Kalaiselvan, Advocate
(Expert) 15 May 2021
1. The partition suit is not barred by limitation, it is maintainable, you can proceed.
2. A partition suit is a proceeding instituted by a coparcener when a property dispute arises in the family or when there is absence of mutual consent among the multiple owners of the real estate in the sale or division of the property. This suit is initiated only when the legal notice of partition has been disregarded by the other co-owners and the dispute continues.
Dr J C Vashista
(Expert) 16 May 2021
You have already stated to have instituted suit for partition, which is otherwise maintainable qua limitation since limitation is not applicable in the instant suit.
Whether your mother has also sought the relief of possession, permanent and mandatory injunction and mesne profit with the relief of partition ?
Whether your mother has impleaded purchaser of land and sought the relief of cancellation of sale deed stated to have been executed by your uncle (Mama) for her share in the suit property ?
Limited facts have been posted, which are inadequate to form proper opinion and oblige. However, your lawyer is well aware about the facts and circumstances of the case and an able, competent and intelligent to take care of all relevant facts/ documents, hence any comment on proceeding may differ with him /her (your lawyer).
Proceed as advised by your lawyer.
