Property
Pradeep
(Querist) 25 April 2014
This query is : Resolved
Sir,
My parents died in 2004 year. My father had executed WILL during his lifetime. I have applied for Probate of the WILL in the year 2010 and is still pending as she is opposing the WILL. My sister orally threatening to file partition suit by bypassing WILL for the last ten years but not done till now. Neither is she filing partition suit nor allowing us to do transaction in our property. As per partition laws within what time she should claim partition in the context of her opposing Application for Probate of the WILL. As per partition laws what is the time limit to claim partition of property?
Advocate Ravinder
(Expert) 26 April 2014
What is stated in the will, is the property written in your name or in your sister’s name. Irrespective of the will, your sister can file a suit for partition at any time against the other legal heirs. You cannot stop her. There is no time limit for filing a partition suit.
T. Kalaiselvan, Advocate
(Expert) 29 April 2014
Partition suit can be filed any time, it is not barred by limitation. However,what is her status as per Will, is she been excluded to the benefits of the property rights?, Since you have filed the probate petition for grant of probate to the Will, you may hasten up the issue through your lawyer. What is your worry when there is no case for partition?
