LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sathish   11 April 2025

12 year limitation for partition suit

I came across this article which states the statute of limitation is 12yrs for partiton suits. Is this applicable in the case when father died intestate in 1986 leaving behind his widow and two siblings? If so who get the rights to the property...? 

(Not sure if i'm allowed to post external links in the chat... if not, it can be deleted)

https://supremetoday.ai/issue/limitation-for-filing-partition-suit




 6 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2025

The 12 years clause is from the date of cause of action.

If there was no partition happened after the death of the owner then the property can be partitioned any time 

P. Venu (Advocate)     11 April 2025

The query has been posted without perusing the Judgment; the said Judgment lays down no such ratio.

T. Kalaiselvan, Advocate (Advocate)     11 April 2025

The 12-year limitation clause in a partition suit refers to the time limit, as defined by Article 110 of the Limitation Act, within which a partition suit must be filed. Specifically, it dictates that a partition suit should be filed within 12 years from the date of the sale or transaction that triggered the right to partition. The 12-year period begins when the plaintiff's right to claim partition accrues, typically when they become aware of the sale or transaction that affects their share in the property or when the defendants deny their right to partition

R.K Nanda (Advocate)     11 April 2025

Hypothetical question only. No reply 

 

Dr. J C Vashista (Advocate )     12 April 2025

There is no limitation for filing a suit for partition of inherited property.

Sathish   14 April 2025


I must add that father obtained the property via a partition. 

Quote "The 12-year period begins when the plaintiff's right to claim partition accrues, typically when they become aware of the sale or transaction that affects their share in the property..."

So, in this case the trigger for calculating 12years will be the original partition or father's death...? Or this does not apply in this case.

From other replies i presume that the limitation does not apply in this case. Please confirm if i read this right.

Appreciate all the replies. 

The 12-year period begins when the plaintiff's right to claim partition accrues, typically when they become aware of the sale or transaction that affects their share in the property

Read more at: https://www.lawyersclubindia.com/forum/12-year-limitation-for-partition-suit-237561.asp
The 12-year period begins when the plaintiff's right to claim partition accrues, typically when they become aware of the sale or transaction that affects their share in the property

Read more at: https://www.lawyersclubindia.com/forum/12-year-limitation-for-partition-suit-237561.asp
The 12-year period begins when the plaintiff's right to claim partition accrues, typically when they become aware of the sale or transaction that affects their share in the property

Read more at: https://www.lawyersclubindia.com/forum/12-year-limitation-for-partition-suit-237561.asp
The 12-year period begins when the plaintiff's right to claim partition accrues, typically when they become aware of the sale or transaction that affects their share in the property

Read more at: https://www.lawyersclubindia.com/forum/12-year-limitation-for-partition-suit-237561.asp
The 12-year period begins when the plaintiff's right to claim partition accrues, typically when they become aware of the sale or transaction that affects their share in the property

Read more at: https://www.lawyersclubindia.com/forum/12-year-limitation-for-partition-suit-237561.asp

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register