Maintainability of third party claim petition

M Satyanarayana (Querist) 29 April 2013 This query is : Resolved

Sir,

I filed partition suit in the year 1997 against my Sister for 1/3rd share in my mother's property purchased by my mother in the year 1979. My mother died intestate. After contesting 18 years upto the Supreme Court Court I got my 2/3rd share in the property. I filed final decree proceeding. My sister is still alive and a party to the partition suit. My sister's daughter (legal heir) now filing third party claim petition under Section 47 Order 21 Rule 58 C.P.C. on the grounds that my sister's daughter now aged 40 years purchased the said schedule property in the year 1978 from the previous owner and hence the claiming the ownership of entire property.

Please kindly clarify whether my rights are protected by the court and law. Whether the third party claim petition by the party legal heir is maintainable under the law at the stage of Execution Petition after 18 years. What is the limitation period for such third party claim petition.

Thanking you,

MSN

Thanking

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