Inheritance law and limitation period

Alfesaani. (Querist) 12 July 2021 This query is : Resolved
Hello. I had a question regarding inheritance and limitation period. My grandmother's father died many years ago and her brothers did not give her her share of the inherited property. Can my grandmother file a suit to acquire her share of the property even after all these years?

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A grandmother's right to claim her share of inherited property, even if her father passed away many years ago and her brothers didn't provide her share, is still valid. The law of limitation does not prevent her from filing a partition suit, as the right to partition is considered a continuing right with recurring causes of action. If she is still alive, she can engage a local lawyer to initiate proceedings for partition, possession, and mesne profits.

Advocate Bhartesh goyal (Expert) 12 July 2021
Yes, your grandmother has right and share in her father's property.Even today she can file partition suit .Law of limitation does not apply in partition suit since right to partition is continuing right having recurring cause of action.

Dr J C Vashista (Expert) 13 July 2021
Whether she is alive to take share in her father's ancestral property ?
If so, consult and engage a local prudent lawyer so that she may institute a suit for partition, possession and mesne profits.

kavksatyanarayana (Expert) 14 July 2021
Yes. Your grandmother can file a partition suit.

P. Venu (Expert) 15 August 2021
Yes, limitation does not apply.

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