Limitation act

satish.purushotham (Querist) 10 April 2023 This query is : Resolved
My sister,married,in 1986,we have divided,the ancestral property,excluding,her in the year 2005,by a registered deed.Now,she is claiming,her,shar,by filing,a suit against,us(myself & my brother),is the suit,maintainable,after 18 years,of registered partition deed.I want,to know,the limitation period,as per the limitation Act.

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A sister is attempting to claim her share of ancestral property 18 years after a registered partition deed in 2005 excluded her. The question is whether her suit is maintainable under the Limitation Act. While some argue there's no time limit for partition suits, others suggest defences like delay, waiver, laches, adverse possession, and estoppel can be raised against the claim.

kavksatyanarayana (Expert) 10 April 2023
I think in the case of a suit for partition, the limitation is fixed at 12 years from the day the plaintiff claims the property. The partition suit limitation for ancestral properties is also fixed at 12 years.

T. Kalaiselvan, Advocate (Expert) 12 April 2023
There is no time limit to file partition suit.
Extinguishment of right to property (Section 27)-

At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

In simple words, where the remedy by way of a suit, for the possession of any property is gone, the right to that property is also gone.
Section 27 of the 1963 Act is an exception to the general rule that limitation periods prohibit only the remedy but do not extinguish the term, which means that it is analogous to the rule of substantive law.

J K Agrawal (Expert) 12 April 2023
I go with Mr. T. Kalaiselvan. There is no limitation to seek partition. amendment or no amendment in Hindu Succession Act 2006 makes no difference. You can contest the case on bases of delay waiver and laches, adverse possession after partition by meets and bounds also a good defense with you. Further Rule of estoppel applies and it is most powerful tool with you to combat her.

P. Venu (Expert) 13 April 2023
First of all, how is that the property is ancestral?

Please post the complete facts.

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