partition suit time frame.

Querist : Anonymous (Querist) 27 June 2011 This query is : Resolved
Thank u for replying to my previous questions. Still have some more queries

My father married my mother without divorcing his first wife. my father expired 28 yrs ago.
when my father died i was 5 yrs old and my elder brother 10 yrs old. we moved to the city and never returned back to our village till now.
My step brother wud send us some money by money order initially and then later on he wud come and give us cash. He stopped giving us money after 2001.

Im 33 yrs old now and my elder brother is 38.
We had always known that our father had left behind some properties.
After my fathers death my step brother got all the property transferred in his name.

Questions

1)Does the 12 yr time limit for filing the partition lawsuit applies to us since i turned 18 yrs old in 1995 and shud have filed the partition suit by 2007?

2)can we still file for partition?

3)If we cant file partition suit, what else can i do?

thank u.

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prabhakar singh (Expert) 27 June 2011
Your suit 4 partition is not barred by12 yr time unless Your step brother succeeds in proving that he holds his father properties by Your ouster and in adverse interest of Yours,that all will depend on oral evidence and that its a gamble due 2 Your own time pass.

Querist : Anonymous (Querist) 27 June 2011
Prabhakar Sir, Can u pls explain in simple terms what u mean by "he holds his father properties by Your ouster and in adverse interest of Yours,that all will depend on oral evidence".

what oral evidence are u referring to?

Thank u

Naresh Kudal (Expert) 27 June 2011
THERE IS NO LIMITATION FOR FILING A PARTITION SUIT. JUST DISCUSS AN ADVOCATE AND FILE THE SUIT.

Guest (Expert) 29 June 2011
file a partition suit

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