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Raja   15 April 2024

Ancestral property limitations

Dear Sir/madam,
Is there any time limit to file a partition suit in the case of ancestral property? Some people saying if 12 years limit exceeded you cannot file a partition suit in the honourable court. Please guide me.


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 11 Replies

kunaldutta   15 April 2024

no there is no time limit
1 Like

Real Soul.... (LEGAL)     15 April 2024

There is no time limit to calim the share in proeprty , howvere the dealy is always to be explained

1 Like

Shashi Dhara   15 April 2024

If they  issue legal notice for partition and remains silent for 12 years then time limit starts.

1 Like

Advocate Bhartesh goyal (advocate)     15 April 2024

A share holder of ancestral property can file suit for partition anytime,No time limit is fixed.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 April 2024

The claim for a rightful share in the ancestral property be made anytime,  it is not barred by limitation.

1 Like

P. Venu (Advocate)     15 April 2024

Yes, there is no limitation. However, how is that the property is ancestral?

1 Like

Raja   17 April 2024

Thank you very much all of you Sir, for your valuable guidance

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

You are welcome for your understanding,

 

1 Like

Aadil (Student)     20 May 2024

Dear Raja,
Thank you for the query! I am Aadil and I will try to answer your question.

The short answer to your question is YES, there is a time limit to filing a partition suit even in case of ancestral property, but it is bound by certain rules.

Before that, we must understand what ancestral property means in Indian law. Any property that is inherited from four generations of male ancestors classifies as ancestral property in India, as per the Hindu Succession Act, 1956. The said property remains under the definition of ancestral property as long as it is not partitioned, divided, or sold. Once that happens, it loses its status as ancestral property, meaning that your successors also lose their claim for inheritance.

Coming to the question, the Limitation Act of 1963 states that once a property is claimed, be it self-acquired or ancestral property, the partition suit must be filed within 12 years of the claim.

Therefore, once you claim your property, you must file a partition suit within twelve years from the day of the claim.

I hope this helps. Thank you for your time and patience!

Regards,
Aadil
 

1 Like

Raja   23 May 2024

Hi Aadil Sir,

Thank you for your guidance. My Grand father had 3 Sons and 4 daughters including my mother. He divided ancestral property into 3 parts and transferred to his son's names without taking consent of 4 daughters in 2002. I was 12 years old then. I want to file a partition suit now. Please tell me is it possible to file a partition suit now. 12 years limit apply in this case or not.

Thank you

P. Venu (Advocate)     23 May 2024

"Coming to the question, the Limitation Act of 1963 states that once a property is claimed, be it self-acquired or ancestral property, the partition suit must be filed within 12 years of the claim"


Limitation Act - Which is the Article.


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