Limitation period
rajesh
(Querist) 11 June 2015
This query is : Resolved
`A` was doing a business in a shop. `B` was the owner. `A` started business in 1971. `B` died in 1976 leaving 5 legal heirs(children).`A` was not paying any rent or there was no agreement towards the shop. `A` & `B` were own brothers.Now after the death of `A` in 2008 legal heirs of `B` filed a false injunction suit stating that they are in posession of suit shop against `A`s wife and one minor daughter.Before 2008 when `A` was alive there was not a single case or notice. `A` has made a registered WILL stating that I m in the suit posession & doing business from many years and after my death my wife should continue with the shop. The injunction suit went long till SUPREME court. The orders were in favour of `A`s wife. Now `B`s children(legal heirs)filed a suit for posession against `A`s wife and minor child with help of title record. When `A` was alive LIMITATION period for filing suit was over. So now can `A`s wife continue with LIMITATION period for the posession suit if no, any other such remedy for `A`s wife to overcome the suit of posession in her favour. TITLE IS WITH `B` LEGAL HEIRS. ON WHAT LEGAL ACT `B`s WIFE CAN MAKE SUIT IN HER FAVOUR-Pls. help- thanQ.
DR.VEDULA GOPINATH
(Expert) 12 June 2015
IN ONE SUPREME COURT JUDGEMENT IT WAS CLEARLY SAID THAT LIMITATION PERIOD SHALL NOT ADVERSELY AFFECT THE LEGAL RIGHTS OF LITIGANTS.
THUS YOU CAN SEEK CON DONATION OF DELAY.
DR VEDULA GOPINATH ADVOCATE/ARBITRATOR
Dr J C Vashista
(Expert) 12 June 2015
a) Since LR's of "A" claim their right on the basis of adverse possession by deceased 'A' and the litigation continued till decided the case in favour of LRs of 'A', the period of litigation shall be counted (exempted) for limitation purpose. Hence wife of 'A' can continue the suit for possession.
b) Otherwise, wife of deceased "A" is already in possession of the suit property, what for she would file a suit for possession?
c) Whether the title of suit property is with the LRs of 'A' or 'B' has not been clarified?
Rajendra K Goyal
(Expert) 12 June 2015
Agree with the expert DR.VEDULA GOPINATH.
ABDUL RAZIQUE
(Expert) 12 June 2015
Nothing more to add over the expert DR.VEDULA GOPINATH.
rajesh
(Querist) 14 June 2015
`A` was doing a business in a shop. `B` was the owner. `A` started business in 1971. `B` died in 1976 leaving 5 legal heirs(children).`A` was not paying any rent or there was no agreement towards the shop. `A` & `B` were own brothers.Now after the death of `A` in 2008 legal heirs of `B` filed a false injunction suit stating that they are in posession of suit shop against `A`s wife and one minor daughter.Before 2008 when `A` was alive there was not a single case or notice. `A` has made a registered WILL stating that I m in the suit posession & doing business from many years and after my death my wife should continue with the shop. The injunction suit went long till SUPREME court. The orders were in favour of `A`s wife. Now `B`s children(legal heirs)filed a suit for posession against `A`s wife and minor child with help of title record. When `A` was alive LIMITATION period for filing suit was over. So now can `A`s wife continue with LIMITATION period for the posession suit if no, any other such remedy for `A`s wife to overcome the suit of posession in her favour. TITLE IS WITH `B` LEGAL HEIRS. ON WHAT LEGAL ACT `B`s WIFE CAN MAKE SUIT IN HER FAVOUR-Pls. help- thanQ.
