partition of property

rakesh (Querist) 27 June 2011 This query is : Resolved
sir,
my father had 2 wives i am from 2 wife.my father died in 1982.1 was 7 yrs at that time.after my fathers death my step brother used to look after the property.he used to give us our share in cash from the property income till 2002.now for the last 8yrs he had stopped given us our monthly share.now can i file partion suit for property after 28 yrs of my fathers death.what is the time frame for illegimate children to file such suit.

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Devajyoti Barman (Expert) 27 June 2011
Right to partition has a recurrent or continuing cause of action and hence Limitation Act does not strictly apply to filing of partition suit.
You can safely file such suit now irrespective of when you father has died.

n.k.sarin (Expert) 27 June 2011
you can file partition suit.There is no time limit to file the said suit.

R.Ramachandran (Expert) 28 June 2011
Yes, you can file the suit for partition.

Advocate Bhartesh goyal (Expert) 28 June 2011
For filing partition suit,cause of action arises when one party makes the demand of partion and other party denies.

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