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Devakrishnan (Consultant)     16 November 2010

Time limit for partition suit?

hi friend


i what to know what is the time limit to file a partition suit,after sucession opens?



Learning

 6 Replies


(Guest)

Normally There is no time limit for partition.  

In some cases if the co-parcener denies the right to property of another co-parcener, the hostile possession runs (adverse possession). If it completes 12 years the right to take partition or possession of property seizes. 

Vinoba (Advocate)     17 November 2010

Hi,

There is no time limit for initiating a suit partition.  I differ with what Mr. Ganesan has said with regard to the concept of adverse possession.  The Concept of adverse possession is not applicable among co-owners it is only the concept of ouster which is very much applicable.

L. Vinoba

Advocate,

Pondicherry.

Dalip Kumar Chhabra (Advocate)     17 November 2010

Deva ji

I also agree with Mr. Vinoba ji. I add one thing here it is so because possession of a co-sharer is possession of all co-sharer( like husband's possession) and that of a trustee.  

Thanks 

Dalip

valluvaraj (M.A.B.L)     17 November 2010

Sir

All of those three above views are correct. For me, one more addition. If a co-sharer denies the right of other co-sharer and doing documents of title and getting revenue records in his name and making encumbarance over the property, known to the knowledge of the other co-sharer and the co-sharer knowing well those things and kept mum for more than 12 years, the ouster will be complete. Then the right of the other co-sharer will be in great trouble.

                                                                                                                                   M.Valluvaraj


(Guest)

Mr Valluvaraj  your answer is very practical one

Devakrishnan (Consultant)     24 November 2010

Hi friends

Thanks for the reply


Take a look at this Jurdgement ,As per this jurdgement the time limit for filling a partition suit is only 12 years as

per Limitation Act


Attached File : 38 38 maha singh vs anand singh.pdf downloaded: 1832 times
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