partition in gradfather property

Querist : Anonymous (Querist) 20 December 2010 This query is : Resolved
My father was having holding an ancestoral property. He sold out same in 1990. Where as for partion in said property being my ½ share filed a suit in year 2005 against the person who purchased propert,after death of my father. Is there any citation refer that partrion in property can be made after father death ?

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adv. rajeev ( rajoo ) (Expert) 20 December 2010
Your father was not having any rights to sell the entire ancestral property. File suit for partition and seperate possession and array the purchaser as party to the suit and your prayer should be like this" The sale is not binding upon the plaintiffs"

s.subramanian (Expert) 20 December 2010
You are entitled to challenge the sale made by your father since the same will.,not bind you.

Advocate. Arunagiri (Expert) 20 December 2010
I agree with the experts.

Parveen Kr. Aggarwal (Expert) 21 December 2010
Dear Anonymous,

A suit has to be filed within the period of limitation provided therefor.

As per Article 109 of the Schedule appended to the Limitation Act, 1963, a suit by a Hindu governed by Mitakshara law to set aside his father's alienation of ancestral property can be filed within twelve years from the date when the alienee takes possession of the property.

As the sale was made in the year 1990, the possession of the property must have been taken by the purchaser in the same year so, a suit filed in the year 2005 appears to be time-barred.

Querist : Anonymous (Querist) 24 December 2010
sir the property possession was with me till 2006. and even in government record my name was there as possessor. only in sale deed it was written that possession is given. but possession was with us.

Querist : Anonymous (Querist) 24 December 2010
Thanks experts for their valuable suggestion

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