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Mousumi Sen (Owner)     28 May 2014

Is statute of limitations applicable?

In my grandmother's property, firstly my father and then us are staying for the last 47 years by some kind of a verbal agreement between heirs. As such an unofficial partition has already been done and our possessions in our portions are peaceful and continuous. My father has also done a lot of constructions in his portions after taking necessary permissions from other heirs during his time.

Now, just because my father's portion is somewhat bigger compared with the other heirs as per wishes of my grandmother, so the heirs in the present generation want to reassign portions by a partition suit. I and my sister do not want anymore partition but want to stick to the allotment done during my father's time.

So, is Section 25 of Limitation Act, 1963. applicable in our case? If not, is there any other provision in said Act or any other Act that will prevent a second partition  and make the present possessions binding?

Thank you for reading and I will look forward to your comments.



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 4 Replies

N.K.Assumi (Advocate)     28 May 2014

Human being by nature are mortal and as such litigation can not be immortal, as long dormant  claims have often more of cruelty than of justice in them.Your case will be covered by Part V of the limitation Act. But you can also refer to your own State Law Amendment.

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Mousumi Sen (Owner)     29 May 2014

Sir, are you referring to serial No. 65 of Part V of Limitation Act, 1963?

If so then if other heirs file a partition or declaration suit disputing  previously allotted portions then it will be barred as 12 years has crossed? In that case, has our possession become adverse to the other heirs as written in said Act?

Or, are you referring to any other section?

Besides, we stay in West Bengal and I am also not aware of any State Amendments regarding this.

Thank you again.

T. Kalaiselvan, Advocate (Advocate)     30 May 2014

First of all if the property was your grandmother's own property (acquired by any means), upon her intestate death, the same shall devolve upon heir class I Legal heirs, which includes your father and his brothers and sisters.  From your narration it is understood that there  no proper partition had  taken place and and the family arrangements was not subsequently registered.  The other legal heirs to your deceased grandmother can very well seek proper partition of the property even now and such partition is not barred by any limitation.  Therefore, instead of being misguided by thinking of some wrong solutions,namely adverse possession etc., better all sit together, talk, arrive at an amicable solution for a family settlement and partition thereof and get the same registered and mutated subsequently.  Consult a local lawyer and take his advise on the issue.

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Mousumi Sen (Owner)     04 June 2014

Advocate T. Kalaiselvan I understand and appreciate your clear and unambiguous opinion regarding the issue. Nevertheless I am hopeful because in many similar cases to mine the High Courts and Supreme Court has held that even if the partition is not legally fulfilling yet if it satisfies some conditions then division once made is legally binding. The Doctrine of Estoppel is commonly brought in such cases to solve family partition matters.

But I was interested to know whether the Statute of Limitations can give me additional tooth to strengthen my case and therefore my query in this forum.  But here, I fail to understand why some individuals like the other advocate who responded, post ambiguous suggestions and then keep silent when asked for clarifications. If one cannot justify one's own statements then it is better not to comment in the first place, as it defeats the very purpose of knowledge sharing on which forums like this stand.


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