time limitation

Querist : Anonymous (Querist) 07 November 2010 This query is : Resolved
is there a time limitation for filing for a partition petition.the partition was done in 1967.

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Khaleel Ahmed (Expert) 07 November 2010
No time limit for filing partition suit.

Parthasarathi Loganathan (Expert) 07 November 2010
A similar query can also be referred to the following link

http://advocatesivasubramanian.lawyersclubindia.com/forum/partition-suit-limitation-8220.asp

adv. rajeev ( rajoo ) (Expert) 08 November 2010
once partition always partition again you cannot go for partition.

Kirti Kar Tripathi (Expert) 08 November 2010
agree with Rajeev

R.Ramachandran (Expert) 08 November 2010
Dear Anonymous, please clarify that you say that a partition had taken place in the year 1967. Since the partition had already taken place, the circumstances under which you are talking about partition petition?

Rajeev kulshreshtha (Expert) 08 November 2010
I also agree with Rajeev

s.subramanian (Expert) 08 November 2010
I agree.

Querist : Anonymous (Querist) 08 November 2010
my grandfather died in1963 without making a will, his property was shared by his sons & daughter & widow by partition deed, they were all in india at that time,but 1 sister had migrated to pakistan in 1948,she was not made a party in the partition.one of her daughter who is married & staying in india has filed a partition suit now.please clarify.

R.Ramachandran (Expert) 08 November 2010
When and where was the daughter of the sister who migrated to Pakistan born? Did the said daughter also originally migrated to pakistan along with her mother in 1948?

Querist : Anonymous (Querist) 08 November 2010
she was borin in india before 1947, even she had mirateed to pakistan in 1948,along with her parents & siblings .

Querist : Anonymous (Querist) 08 November 2010
she married a indian citizen in1965.

R.Ramachandran (Expert) 08 November 2010
After marrying Indian citizen did she get indian citizenship again. If so, when did she get it?

Querist : Anonymous (Querist) 08 November 2010
she got her indian citizenship,but when maybe in 1968,the exact time i am not sure.

R.Ramachandran (Expert) 08 November 2010
From the facts revealed by you, when the partition took place in the year 1967, she was not entitled and as such the same cannot be questioned now.