Physical demarcation of property

shyam lal (Querist) 16 June 2021 This query is : Resolved
Deceased father expired 16 years ago leaving behind a registered WILL mentioning 50% equal share among his two sons pertaining to his self aquired residential property with out demarcation of 50% equal share,query now after the lapse of 16 years can one file partition suit.to define individual boundaries as 50% each separate share.

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A son can file a partition suit to divide a jointly inherited residential property, even 16 years after his father's death, based on a registered will. While there's generally no strict time limit for filing a partition suit, it's advisable to act promptly if the other co-sharer refuses to cooperate. The Limitation Act typically does not bar partition suits, allowing them to be filed at any time when co-sharers find it unfeasible to continue living together in undivided property.

Advocate Bhartesh goyal (Expert) 17 June 2021
Yes, on the basis of will any son can file partition suit and get divide the property as per will and Denmark his 50% share .

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shyam lal (Querist) 17 June 2021
Advocate Bhartesh Goyal thank you,is there any time limit for fileing partition suit,inthis case 16 years has passed.

Advocate Bhartesh goyal (Expert) 17 June 2021
For filing partition suit,no time limit is fixed but if oppositr party denies for partition then it should be filed earliest.

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shyam lal (Querist) 17 June 2021
Advocate Bhartesh Goyal thank you finally l am told there is limitation act ,does this apply here.

Advocate Bhartesh goyal (Expert) 17 June 2021
Actually Law Of Limitation Act does not apply to partition suit it can be filed at any time but when one co-sharer demands partition and other co-sharer refused for Partition then the suit for partition should be filed within three from date of cause of action accrued to him or daniel for partiton.

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Dr J C Vashista (Expert) 18 June 2021
I fully agree and appreciate analyses, opinion and expert advise of Mr. Bhartesh Goyal.

Law of limitation do not apply to institution of a suit for partition, possession, rendition of account and mesne profit (if any)

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T. Kalaiselvan, Advocate (Expert) 18 June 2021
The partition suit is not barred by limitation and it can be filed anytime even after 100 years of remaining together.
It depends on the shareholders who, if they feel that it will no more be possible or feasible to continue to live together in the undivided and co-shared property, they can file a suit for partition anytime they may feel so.
There is no restriction for that in the law.

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