Limitation act

sksingh (Querist) 31 May 2015 This query is : Resolved
Ashish and Brijesh being two brothers are the owners having equal share of a commercial premises from where they are carrying their business. Ashish died in 1980 leaving a Will wherein he bequeaths all that he owns to his wife "W". Brijesh continues to carry on business from the said shop. Brijesh in or about 1990 applies for mutation of the share of Ashish in the said shop to his name on the basis of a registered relinquishment deed executed by Ashish in favour of Brijesh prior to his death and notice of which application is given by the Municipal Authority to W as the legal heir of Ashish, asking her no objection. W neither gives her no objection nor writes back to the municipal authority. W dies in 1994. He only child, a son S receives notice in 1995 of another application by Brijesh for mutation of the share of Ashish in the aforesaid premises to his name on the basis of the relinquishment deed aforesaid. S institutes a suit in 1995 for declaration that the relinquishment deed on the basis whereof Brijesh is claiming mutation is forged and fabricated. Brijesh sets up a plea of the claim in suit being barred by time. Is the plea of Brijesh correct that present suit is time barred ?

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Kumar Doab (Expert) 31 May 2015
S received notice for the first time and acted in time.

Brijesh relinquished his share in his life time and deed is registered.

Whatever is left after relinquishment should go to his wife and her successors.....

The deed is forged or fabricated is to be decided by court.