Limitation act

sksingh (Querist) 28 November 2015 This query is : Resolved
A and B being two brothers are the owners having equal share of a commercial premises from where they are carrying their business. A died in 1980 leaving a Will wherein he bequeaths all that he owns to his wife "W". B continues to carry on business from the said shop. B in or about 1990 applies for mutation of the share of A in the said shop to his name on the basis of a registered relinquishment deed executed by A in favour of B prior to his death and notice of which application is given by the Municipal Authority to W as the legal heir of A, asking her no objection. W neither gives her no objection nor writes back to the municipal authority. W dies in 1994. Her only child, a son S receives notice in 1995 of another application by B for mutation of the share of A 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 B is claiming mutation is forged and fabricated. B sets up a plea of the claim in suit being barred by time. Is this suit time barred keeping in mind the fact that earlier his mother also received notice in 1990 as stated above ?

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