Suit For partition
kranthi kiran
(Querist) 26 September 2009
This query is : Resolved
A has been issued with 38-E, Ownership Certificate, under A.P.(T.A) Tenancy & Agril Lands Act. The said certificate issued to A with the consent of the Protected Tenent only. A is daughter's son of Protected Tenant. After 33 Years the said order is challenged by the sons of the Protected Tenant (P.T)before the High Court in the Year 2007. Apart from that the sons of said P.T filed a suit for partition before the District Court in the year 2009. The sons already know taht the land is already alienated by A way back in 2005 and have even stated the same in the Plaint. The subsequent vendees are also made parties. My client is one of the such boandfide purchaser.
Can the property be treated as ancestral.
Does the suit is barred by limitation, though there is no limitation for filing partition suit.
Please give some suggetions for preparing for W.S
Raj Kumar Makkad
(Expert) 26 September 2009
No property cannot be treated as an ancestral property as the same is self acquired and had been alienated during life time of the owner hence the proceedings have no value before the eyes of law.
