Limitation for filing suit for partition?

This query is : Resolved 
 


Querist : Anonymous (Querist)
01 June 2020

What is the limitation for filing suit for partition by a co sharer in property?
As co sharer is having title of property from last 13 years but without possession and he has never filed any suit for Getting the possession.
*He has got the title of this property with exchange of his land ( land without possession with Title only) with the previous owner ( who was also having the title of this property without possession )
I am in possession from last 13 years and I have got the possession from last possession holder ( who was in possession from last 20 years without any legal fight from last title holders)


Raj Kumar Makkad (Expert)
01 June 2020

The exclusive possession of co-sharer over the entire property is deemed on behalf of all the co-sharers and its partition and separate possession can be got at any time. There is no limitation for getting the partition and accordingly possession of the share irrespective of the fact that your previous owner/co-sharer and you both are out of possession since last more than 34 years.

Dr J C Vashista (Expert)
02 June 2020

You have title documents and possession of the property for the last 13 years, what is issue / need for instituing a suit for partition ?
Whether the sale deed do not have boundaries specified for your share, which you have acqired/ purchased ?


Querist : Anonymous (Querist)
02 June 2020

Sir I am the person who is in possession from last 13 years which I have received from last possession holder (20 years undisputed possession of that person)
I have to stop the person who is having only the title of that property from last 13 years which he has received from last title holder ( Who has never filed any case for possession against last possession holder (20 years) neither the present title holder has filed any case from last 13 years
Now sir whether the latest supreme court judgement that owner must act within 12 years for possession is applicable in this Case or not? Because neither the present title holder has filed any suit for possession nor the last title holder has done this i.e from last 33 years the property is undisputedly in possession of possession holder and title holders has never challenged for possession
In short neither the present title holder nor the last title holder has possession of this property throughout the whole time of 33 years and they have never filed any suit regarding this till today

SHIRISH PAWAR, 7738990900 (Expert)
02 June 2020

Hi,

You are the joint owner of the property and you are in full possession of property (as stated by you). So enjoy the possession of the property undisputedly. I will suggest you not to invite dispute.


Querist : Anonymous (Querist)
02 June 2020

Sir the problem is that now he (title holder) is going to file suit for partition or possession in coming days so I want to protect myself from being out of possession

Rajendra K Goyal (Expert)
02 June 2020

If you are having share with proper title in the property, file case for partition.

Show all documents to local lawyer and discuss all aspects in detail.

P. Venu (Expert)
02 June 2020

There are some missing facts? How come there is a titleholder without possession? Which Supreme Court decision is referred?

All that could be stated that there is not much of an issue when the other party is filing the suit. If so, you may defence would depend upon the pleadings therein.

Raj Kumar Makkad (Expert)
02 June 2020

After going through the subsequently filed facts, it transpires that neither previous possessor nor you are the owners of the property rather are just having the possession. What is the nature of your possession since last 33 years? Are you tenant (permissive or otherwise) or having hostile possession to the true owner of the property or in any other way?

Clarify the aforesaid fact and the status of the documents of the said property either in the revenue record or in the record of the municipality and what are the documents in your possession showing your possession over the said property since last 33 years (including previous possessor)..

Rajendra K Goyal (Expert)
03 June 2020

Author should come out with clear material facts whether he is having proper title documents in the property.



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