Time under Limitation Act

preet (Querist) 17 May 2011 This query is : Resolved
Sister and brother have joint rights in a residencial house.Both were livining in same house with their familie's.Illegaly brother take possesion from his sister.Now my quastion Under Limitation Act,How much time ,sister take possesion back from brother.

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adv. rajeev ( rajoo ) (Expert) 17 May 2011
Instead of going for the possession let her file a suit for partition and seperate possession. It is advisable.

M/s. Y-not legal services (Expert) 17 May 2011
Yes.. Am agree with mr.raju. In your issue the limitation will starts from the date of knowledge of your brother's occupation. So immediatly you may issue a legal notice to your brother for the partition in the subject property.. This is your legal remedy..

Guest (Expert) 19 May 2011
Possession on legal partition is the right solution.

Kirti Kar Tripathi (Expert) 19 May 2011
In case she had possession over the property separately, suit for partition will not lie and she has to file suit for possession, for which she has limitation for 12 years.

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