Limitation
jains
(Querist) 12 December 2016
This query is : Resolved
A muslim lady who want to file suit for partition of her father's property. Her father died about 8 years ago. Eventhough she raiswed the issue with her siblings, they did'nt made partition. Whether her suit if filed for partition will affect with limitation Act ?
Kumar Doab
(Expert) 12 December 2016
You may carefully go thru;
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 31ST DAY OF JANUARY 2014
BEFORE
HON’BLE MR. JUSTICE PRADEEP D. WAINGANKAR
REGULAR SECOND APPEAL NO.3219 OF 2006
BETWEEN
1. SRI ABDUL GHANI
S/O ABBU SAB
AGED ABOUT 60 YEARS.
2. SRI ABDUL KHALEEF
S/O ABBU SAB
AGED ABOUT 58 YEARS
BOTH ARE RESIDENTS OF:
SREE VENKATARAMANASWAMY
TEMPLE ROAD, Y.N. HOSKOTE
TUMKUR DISTRICT-572141. ... APPELLANTS
(BY SRI: N. HARIPRASAD, ADV., FOR
A. GOPALAIAH, ADV.)
AND
1. SMT. KHAMHRUNNISA
W/O K.S. BASHEER SAB
AGED ABOUT 40 YEARS
R/O HINDUPUR, ANANTHAPUR DISTRICT
ANDHRA PRADESH-515201.
2. SRI. MUDDANNA
S/O DODDA HANUMANTHAPPA
MAJOR,
R/O RUDRAIHANAROPA VILLAGE
Y.N. HOSKOTE HOBLI
PAVAGADA TALUK
2
TUMKUR DISTRICT-572141.
.. RESPONDENTS
http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/922446/1/RSA3219-06-31-01-2014.pdf
Rajendra K Goyal
(Expert) 12 December 2016
How are you concerned / related with the query?
Ms.Usha Kapoor
(Expert) 13 December 2016
YES! PERIOD OF LIMITATION UNDER INDIAN LIMITATION ACT FOR Indianans IS 3 YEARS IF IT EXCEEDS BEYOND THAT PERIOD WHICH IS NOT REASONABLE THE SUIT IS BARRED BY LIMITATION. NOW DAUGHTER 'S CLAIM TO INSTITUTE A SUIT FOR PARTITION AT THIS BELATED STAGE AFTER 8 Years it IS TIME BARRED AND PARTITIONS SUIT WOULD NOT LIE.
Rajendra K Goyal
(Expert) 13 December 2016
Partition of the property is ongoing cause of action, she may file suit for partition.
Kumar Doab
(Expert) 13 December 2016
Pls revert to point raised by Mr. Goyal:
'How are you concerned / related with the query?'
rajeev sharma
(Expert) 13 December 2016
Thanks expert Mr Doab your link on this quarry is enlightning
Kumar Doab
(Expert) 13 December 2016
Thanks, Mr.rajeev sharma.
Enrichment by Sharing is the very purpose of this forum.
Kumar Doab
(Expert) 13 December 2016
Dear Mr. rajeev sharma,
You may also Pls share wholeheartedly.
Rajendra K Goyal
(Expert) 13 December 2016
Remarkable reference suitable to the case provided by the expert Kumar Doab, may get benefit.
Kumar Doab
(Expert) 13 December 2016
Thanks Mr. Goyal.
Motivating comments like by you and Mr. rajeev sharma prmpots to exert and share.
Sharing brings mutual enrichment for everyone including readers.
Kumar Doab
(Expert) 13 December 2016
Dear Mr.Goyal,
I am also thankful for your postive comments in other thread at:
http://www.lawyersclubindia.com/experts/Maintenance-Allowance-to-working-wife--625501.asp
While your positive comments in above mentioned thread are motivating the other comments are nothing but another vulgar show of jealousy and hatred, by famous nuisance litterer of LCI who despite age.
Dr J C Vashista
(Expert) 14 December 2016
The author did not respond to the question raised by an expert qua his relevance /relation to the query which is lacking complete information for forming an opinion and advise.
