Partition suit - time limit

Querist : Anonymous (Querist) 28 October 2011 This query is : Resolved
Sir,

My wife's father died intestate about 10 years ago. He is survived by 2 sons and 4 daughters.

He had some self acquired property and while acquiring the property he had purchased land in both the sons names (minor at time of purchase).

One of the sons is right now enjoying the property and doesn't want to part with the equal share with any of his sisters.

He has also sold some of the land to a developer without the consent of the others.

We were given to understand that there is a recent supreme court judgement that there is a time limitation (12 years) for filing the partition suit.

Will you please let us know if there is any such time limitation?

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Devajyoti Barman (Expert) 28 October 2011
Yes there is no time limit for partition suit.
But I do not think that would be any benefit to you.

If the property was purchased by your father in his sons name, you can not lay your claim anymore.

Had you father was alive he only could have challenged such transfer, not you.

sanjeev murthy desai (Expert) 28 October 2011
In your case daughters don't have rights. Such properties are considered as absolute properties of sons.

prabhakar singh (Expert) 28 October 2011
I am in complete agreement of advises advanced and think need less to repeat the same.

Shonee Kapoor (Expert) 28 October 2011
When the property was in the name of sons, no suit would lie.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 29 October 2011
I completely agree with detailed views of Shri Devajyoti Barman.

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