Limitation act

shyam lal (Querist) 28 June 2021 This query is : Resolved
Father expired 16 years ago only yesterday one of the beneficiary of a registered WILL came to know that he has 1/3 share in the self aquired property of his father , and Haveing not residing in the house all these years the beneficiary wants to claim Mense profit from rest of the co share holders ,query is ,will he be debarred by the limitation act,or not

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A beneficiary discovered their entitlement to a share of their father's property 16 years after his passing. They are concerned about being barred by the Limitation Act from claiming mesne profits from co-shareholders. While the general 12-year limit for possession claims is a hurdle, Section 5 of the Act might allow an extension if a reasonable cause for the delay can be proven, such as a recent discovery of the will. The beneficiary can likely still pursue a partition suit and claim mesne profits, though recovery may be limited to the last three years.

J K Agrawal (Expert) 29 June 2021
He can claim mense profit for last 3 years.

shyam lal (Querist) 30 June 2021
"EXPERTS does the following answer to my query make sense."

In answer to the query -

Section 27 of the Limitation Act destroys a person's right to property if, he does not file a suit for its possession within the period prescribed.

Generally, the limitation period of filing for possession of property is twelve years. Since, it is stated here that it has already been 16 years, there are very less chances of succeeding in the suit.

However, one provision contained in the Act could aid the beneficiary:

Section 5 of the Act- This Section provides for extension of time in certain cases. The applicant must satisfy the Court that he had reasonable cause for not filing within the limitation period.

If he has sufficient reasons for not discovering about the will because of which he was unable to file the suit within the limitation period, then he may succeed in the suit for possession along with the claim for mesne profits.

T. Kalaiselvan, Advocate (Expert) 30 June 2021
The rights in the property will not extinguish with the lapse of time especially it is not barred by limitation to file a partition suit even now without filing an application under section 5 of the limitation act.
The fact that he came to know about the Will giving him beneficiary rights to 1/3rd share in the property only recently can be added in the pleadings of the plaint filed in the suit for partition and separate possession of his share in the property.
No doubt he can claim mesne profits for thee entire period but he may be eligible for the profits only for the last three years preceding the date of institution of the suggested suit.

J K Agrawal (Expert) 01 July 2021
The provisions of Limitation Act misunderstood by querist.

shyam lal (Querist) 01 July 2021
Expert Jk Agarwal kindly clarify where did the querist go wrong ,for better understanding.

J K Agrawal (Expert) 01 July 2021
It may take a few years to study law. If you are already a lawyer may please contact personally.

shyam lal (Querist) 01 July 2021
Expert AK Agarwal it is said Law is an ass ,can you explain why since you have understanding of law ,I am a lay man.

J K Agrawal (Expert) 01 July 2021
we make mistakes so many time to understand law and each time some expert explained the proper meanings. It takes time. Even after understanding a concept it remains doubt that it is correct or not? So it take further a lot of efforts and time to re-check and confirm the validity of our understanding. When the law is confirm and we are clear in mind then only we can answer in short and to the point else it requires a long arguments to convince a simple aspect.

shyam lal (Querist) 01 July 2021
Expert JK Agarwal its requested for lay man like me explain the following in plain language "Every joint owner or co-owner of property has a proprietary right in the whole estate. After the transfer, the transferee becomes the co-owner and gets all his rights. ... A co-sharer can sue for possession either for the benefit of the entire body of co-sharers or for the partition and possession of the plaintiffs share. "

J K Agrawal (Expert) 01 July 2021
The statement is correct and it is already in very simple language, easy to understand by any body of ordinary prudent.

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