partition suit

Querist : Anonymous (Querist) 25 February 2011 This query is : Resolved
Father purchased properties in the year 1958 to 1960. On 1965 and 1968 father transferred three properties in the name of his widow sister through settlement deed and give only life interest and after her death the property shall goes to father's legal heirs .Sister also have no children. Father died on 1984. One of the son colluded with Father's sister and sold one of the settled property .After the death of father's sister on 1992 ,this son sold two other settled property. Can we other children of the father filed suit for partition of the property which is already sold illegally.We sent legal notice on 1992 , 2004 , and 2010. But son has not taken any steps to settle the matter. Thank you.

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Dayananda Gowda (Expert) 25 February 2011
You can challenge the said alienation. But you have knowledge about the alienation in the year 1992 and issued the notice. It is barred by limitation since you are not challenged the alienation even from 1992 or on the date of alienation. The limitation to challenge is 12 years from the date of knowledge or from the date of alienation.

Parveen Kr. Aggarwal (Expert) 25 February 2011
Law does not help a person who sleeps over his rights. Your civil suit has become time barred.
However, in case you can prove the commission of offence(s), you may file criminal complaint.