Prashanth (Consultant) 11 March 2012

Womens right to property - time limit to file partition suit

My Grandfather had two wives, he begot one son with his first wife ( I am the grandson from the first wife) and 4 sons and two daughter from his second wife.

He has a self acquired property of a house built on around 260 sq yards which he built with his own funds.

He died in 1953 and in his will (which was declared void) he gave complete rights to his second wife and sons.

He reiterated that his second wife can distribute the property as she likes.
Secondly he said that his first wife son’s is a spendthrift, so he would not be entitled to any share in property.

There were differences between the second wife and her son’s and due to ill treatment of sons she gifted the entire property to her first daughter who took care of her during her old age through a gift deed.

The sons had a long legal battle with the first daughter over the property and managed to get rights on the property through a civil suit stating the house on the property was built through contributions of sons and the Mother (Second wife) has no right to gift the same to their sister.

Now that the will originally written by my Grandfather was declared void and the gift deed of my grandfathers second wife to her daughter was also not proved and the most important point was that the sons were minors at the time of completion of the Suit property.

I am planning to move to court to claim my Father’s share (Grandfathers first wife son) in property . The sons were minors when the Suit Property house was built and could have in no case contributed.

Please let me know my chances of getting the share in the property.

Would I be getting a half share as there are two wives to my Grandfather and the property would be divided into half due to two wives.
Secondly as there are 7 legal heirs – One my father, 6 Shares from second wife (4 sons 2 daughters) would I be getting 1/7 th share (are daughters entitled to share in property as they are very poor financial condition currently)
Thirdly would I be getting 1/5 th share as there are total of 5 sons in the family, one son from first wife and 4 sons from second wife.

Finally I want to know if I can file a partition suit for the property if my Grandfather dies in 1953 and the property is still not partitioned as to date.

Please let me know my chances of getting a share, and is there any time limit for filling a partition suit.

Regards

Ramana Rao B.V

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10 Replies

Prashanth (Consultant) 11 March 2012

This is for State of Andhra Pradesh ...............

adv. rajeev ( rajoo ) (practicing advocate) 12 March 2012

If the will is declaraled as void, you can claim your share in your father's share in the ancestral property.

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Prashanth (Consultant) 12 March 2012

Rajeev,

I would like to know how much share in the property my father gets.

Is it 1/2 (Two wives concept)

is it 1/8 ( Surviving members concept - Second wife, 6 children & my father (first wife expired before Grandfathers demise))

Regards

Ramana Rao

sri (ceo) 12 March 2012

simply jot down family tree and break shares accordingly... seems totally undocumented... can claim fair share... sit discuss and... let go...

surjit singh (Assistant) 21 March 2012

so far the time limit to file a partition suit is concerned the is no time limit, because the concept of law is " the share of a person cannot vanish with the period of time", but for claiming a title over a land the period is 12 years and beyond that also if the person is able to so show how he was percluded from approaching the court, within the mandatory period of 12 years, one can proceed further.

K.Raj (Director) 18 June 2012

DEAR SURJITH SIR

CAN YOU PLEASE HELP IN KNOWING THAT THAT MANDATORY PERIOD OF 12 YEARS TO CLAIM THA PROPERTY. WHERE AND WHICH SECTION OF LAW APPLIES TO THE SAME PLEAE GIVE ME THE LIMITATION OF A PERSON TO FILE FOR CLAIM IN PROPERTY PARTITION ....

WITH REGARDS

RAJ

surjit singh (Assistant) 19 June 2012

It has been decided in Baliah Nadar Vs. Rayappan, reported in M.L.J. 60 at page 61 that if the parties are co-sharers, then they are entitled to maintain a suit for partition so long as there is no division. It is to be noted that the limitation of 12 years does not falls upon a partition suit, because even if the co-sharer does not claim his share for 12 years his share in the property does not vanishes, and his right to partition remains alive till the partition is made.

As regard question of 12 years it is the easement act which percludes the claim of a title if made after 12 years. But there is proviso to this section, the person claiming the title should have the knowledge about the title and the 12years is counted from the date of ones knowledge.

It is specificlly noted that the period of 12 years is not applicable in case of partition suit.

K.Raj (Director) 20 June 2012

THANK YOU SO MUCH SURJITH SIR THANKS A LOT FOR YOUR REPLY BUT SIR THERE WAS A SUIT FOR PARTITION FILED IN 1980 AND DECREED IN 1984 FURTHER IN FDP WAS FILED ON 1990 FINAL DECREE WAS PASSED WITH SO MANY HURDLES IN 2006. FOR THESE LONG PERIOD ONE OUR SENIOR FEMALE (WOMEN) FAMILY MEMBER DIDN'T CLAIM FOR SHARE IN PARTITION AND FINALLY SHE APPROACHED WITH OS IN 2002 TO ONLY DRAG ON PROCEEDINGS OF FINAL DECREE. BUT IT WAS DISMISSED AS NOT PROSECUTED. SO FAR NOW WE ARE TRYING TO SELL THE LANDS FOR DEPT CRISIS OF FAMILY BUT SHE IS NOW AGAIN APPROACHED HER SHARE BY FILING WITH OS IN 2012 QUOTING HSA -2005 ACT OF 9-9-2005. WE ARE SO BADLY HURTED BY THESE ACTIVITY AS OUR ELDERS WERE MADE DEPTORS. PLEASE SHOW ME THE REMEDY SIR WHAT WE HAVE TO DO WITH THAT SUIT.

surjit singh (Assistant) 20 June 2012

You have to see whether you have ever made her party in any of the case regarding this matter since 1980, if so whether notice was served on her which she received and the court took note of it, if that is so you have some chance of being successful by showing that inspite of notice upon her she did not responded and appeared before the court, and now she has come by filing OS under HSA-2005. .

K.Raj (Director) 21 June 2012

THANK YOU SO MUCH SURJITH SIR FOR YOUR MERCIFUL REPLY...

RESPECTED SIR ....

AS EARLIER I TOLD YOU THAT SHE HAS BEEN ONE OF THE PETITIONER OF THE THREE PETITIONERS IN OS 2000 IN WHICH THE THREE WERE ASK FOR SET ASIDE FDP PROCEEDINGS AND MAKE FRESH PARTITION AND ALLOT SHARE. THE NOTICES WERE SERVED TO US AND FOR THAT SHOCK MY FATHER AND GRAND MOTHER (SECOND WIFE OF MY GRAND FATHER) WERE DIED OF HEART ATTACK IN SHORT SPAN OF A WEEK.. WITHIN TEN DAYS EVERYTHING WAS LOST BY ME

SHE IS ONE OF THE PLAINTIFF IN THAT OS 2000 AND FILES IT ONLY TO DRAG ON FDP PROCEEDINGS AND HARRAS US. THE SUIT WAS DISMISSED FOR NON PROSECUTION.

MY GRAND FATHER HAD TWO WIVES. THAT FEMALE WAS FIRST WIFE DAUGHTER AND WE LEGAL HEIRS TO SECOND WIFE. TO STOP US FROM CLAIMING THE PARTITION THE FIRST WIFE SONS AND DAUGHTERS AND THEIR SONS BEHALF WERE PRACTISING REVENGFUL ACTIVITIES BY FILING FRIVOLOUS SUITS AGAINST US AND NOTHING BEHIND THAT.

THAT FEMALE AGED 70 YEARS WAS MARRIED SO LONG AGO AND HAS WELL SETTLED.

I THINK YOU ASSUME THE PAIN WE FACING. SINCE FROM 30 YEARS WE ARE LOST VALUABLE TIME WITH PERSONS AND SUFFER WITH DEBT CRISIS SIR, PLEASE BELEIVE ME SIR I AM ONE WHO SUFFER FROM CHILD HOOD TO TILL NOW FROM THEM.

SO PLEASE HELP ME SIR. PLEASE SHOW ME THE WAY TO FIGHT BACK THESE HARRASMENTS WHICH WERE TO FACE BY ME FOR NOT FALUT FOR MINE