Surajit das 11 June 2020

Time limit for law suit

will was made on 2001 by grandfather. Grandfather died on 2009. Uncle trying to encroach some property not adhering the will. I want to file partition suit. Can I do the same on 2020?

The land and building for which I want to file partition suit has not converted as bastu and not having Building Plan and the land was purchased and building was made 30 years ago. Is this issue will have any negative effects on my case??

please reply respected sir Or madam.

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3 Replies

Shashi Dhara 11 June 2020

Yes you can file suit for partition.

Manogya Chava 11 June 2020

The legislature has not prescribed any period of limitation for filing a suit for partition because partition is an incident attached to the property and there is always a running cause of action for seeking partition by one of the co- sharers if and when he decides not to keep his share joint with other co-sharers. However, once the suit is filed and a decree is passed, one has 12 years to execute the same. You may refer to the case of Shub Karan Bubna Vs. Sita Saran Bubna & Ors. (2009(9) SCC 689) where the mutilpe stages of a partition suit were laid out by the Court.

The following articles will provide you with better understanding of the concept - https://www.lawyersclubindia.com/articles/all-about-partitions-in-india-9108.asp and https://www.lawyersclubindia.com/articles/partition-suit-principles-practices--10449.asp

Hope this helps.