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Bull White   06 October 2023

Partition suite

Sir my father has four children two sons and two daughters ,my father in 2003 through a oral partitiin divided property between me and my brothers my sister were marries in 1970 and 1979 respectively and given good alimony .

 

In 2005 my father died and my mother relinquishing her share made property on me and my brothers name in presence of RDO .in 2006 we sold some part of property and my sisters duly signed no objection for sold property then after 17 yrs of legal registered property they are threatening partition does limitation act applies to it



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 12 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 October 2023

The time limit to file a partition suit is 12 years as per Article 65 of the Limitation Act. This period begins when there is a notification about the adverse claim to the co-owners in the public domain.

T. Kalaiselvan, Advocate (Advocate)     07 October 2023

Your sisters can claim partition of properties even at this stage stating that they were never aware that  the property has been partitioned earlier.

They are entitled to claim their legitimate share in the property as a right because your father is reported to have died intestate.

If you have evidence for oral partition of the property that belonged to your father as his self acquired property then yoiu can challenge their partition suit and get thier suit dismissed.

Bull White   07 October 2023

Originally posted by : T. Kalaiselvan, Advocate

Your sisters can claim partition of properties even at this stage stating that they were never aware that  the property has been partitioned earlier.They are entitled to claim their legitimate share in the property as a right because your father is reported to have died intestate.If you have evidence for oral partition of the property that belonged to your father as his self acquired property then yoiu can challenge their partition suit and get thier suit dismissed.

 

Dr. J C Vashista (Advocate )     07 October 2023

She is entitled to have an equal share in the intestate property left behind by her father and seek partition thereof.

Shashi Dhara   07 October 2023

If they approach court defend it by engaging advocate in court.

Bull White   08 October 2023

Originally posted by : Dr. J C Vashistabut sir doesnt limitation act come into play

Dr. J C Vashista (Advocate )     09 October 2023

Any limitations in the partition suit follow guidelines from the Limitation Act.

According to the Limitation Act, in the case of a suit for partition, the limitation is fixed at 12 years from the day the plaintiff claims the property.

The partition suit limitation for ancestral properties is also fixed at 12 years. 

Shashi Dhara   11 October 2023

The limitation runs when you demand for partition and  file suit for partition after 12years.

Bull White   11 October 2023

Shashi dhara sir its already 17yrs now got registered on my name on 3rd june 2006

Shashi Dhara   11 October 2023

Defend it in court if she files suit that the suit is barred by limitation with relevant documents.

Bull White   11 October 2023

Tq  sir for your kind words it meant a lit for me as this property i tranferred it to my daughters name in 2018 as marriage gift or dowry what ever it is its all about my daughters married life so it is very important for me thank you sir

Dr. J C Vashista (Advocate )     12 October 2023

The partition suit (if filed) shall be dismissed on the point of limitation when contested, if your lawyer submits his/her objection on the point.


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