limitaion act in ancestral property

Querist : Anonymous (Querist) 27 January 2011 This query is : Resolved

dear, lawyers, just want to know that can limitation act be considered in my case as my sister had filed a suit in revenue court after abt 45 years of her marriage and 18 years after the death of the father.what is the limitation of the fileing a suit for claiming share in the parental property.

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Amit Minocha (Expert) 27 January 2011
she has inherited right / share

Kirti Kar Tripathi (Expert) 27 January 2011
In case, partition has already taken place,the ground of limitation can be taken otherwise not as not cause of action started.

Devajyoti Barman (Expert) 27 January 2011
For filing a suit for partition there is no lmitation as refusal to partition is a continuing wrong and the claimant for share can at anytime enforce his right through the process of court.

Advocate Bhartesh goyal (Expert) 27 January 2011
No limitation is prescribed in law for partition.when a claiment/sharer demands partition of property and other sharers refuse or ignore to partition,limitation starts from that moment.

Parveen Kr. Aggarwal (Expert) 27 January 2011
If any person is having claim in joint property, he can seek partition thereof at any point of time. No limitation period is prescribed for initiation of proceedings for partition. However, if any alienation is made by any co-sharer, limitation period is prescribed for impugning the same.

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