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Pradeepkumar (Retired Bank Manager)     05 September 2025

Document made without preparing schedule for our share in the property

We have certain property in which my mother along with us are also successors to the property. The documents clearly mentions my mother and her minor sons among whom I am one are also part to the share of the property. My mother passed away in Nov 1986. In 1991 my aunt (Mothers sister) and her children had done partition of their properties which includes this common property. However, though they have mentioned my mother and her minor sons are share holders in their partition document, they have not prepared any schedule showing our share of proeprty. Also, the property shared among themselves is equivalent to the total property in the parent document where my mother and her minor sons have a share. Is there limitation period for the claim or can we claim our property? Some of our cousins had sold their property and will our claim be binding on them and their buyers. During partition of property by my aunt and her children have made a common partition document for all their properties. How should we go about with our claim. The property is in Kozhikode District of Kerala. Anyone, kindly advise with importance to the limitation period if any and how to make claim. Should the Village officer and Registrar be informed about the injustice done in the document to us.

Thank You,

Regards

P Pradeep Kumar



 5 Replies

P. Venu (Advocate)     05 September 2025

There could be no meaningful suggestion unless the documents are perused and issues discussed. It is unconvincing that a partition deed has been executed without the involvement of all the joint-holders.

Pradeepkumar (Retired Bank Manager)     06 September 2025

Sir,

You are right the partition deed has been executed without the involvement of all the joint holders. Only our aunt and her children executed their partition on the entire proeprty without setting aside for us and others.

Regards

Pradeep Kumar

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 September 2025

Limitation Period for Property Claims In India, the Limitation Act, 1963 governs the time limits for filing civil suits: Partition suits: Typically, there's no fixed limitation period if the property is undivided and no formal partition has occurred.

However, if a partition deed was executed in 1991 and you were excluded, the limitation period to challenge it may be 12 years from the date you became aware of the adverse claim.

Adverse possession: If your cousins have been in possession and treating the property as their own for over 12 years, they may claim adverse possession. Minors: Since you were a minor at the time of your mother’s death and the partition, the limitation period would start only after you attained majority (i.e., 18 years old). So, if you turned 18 after 1991, you may still be within the limitation period.

 Validity of Sale by Cousins If your cousins sold portions of the property that legally included your share: Buyers’ title may be defective if your share was not properly excluded or compensated. You can file a civil suit for declaration and recovery of possession of your rightful share. The buyers may be considered bona fide purchasers, but only if they bought without knowledge of your claim. If the partition deed itself mentions your mother and her sons, that weakens their defense.

 Steps to Assert Your Claim Here’s how you can proceed: Consult a property lawyer in Kerala, preferably someone familiar with Kozhikode land records and succession laws. Obtain certified copies of: The original parent property document The 1991 partition deed Any sale deeds executed by your cousins Send legal notice to the parties involved, asserting your claim and requesting rectification or compensation. File a civil suit for partition and declaration of your share. Inform the Village Officer and Sub-Registrar: Submit a representation stating your claim and the omission in the partition deed. Request them not to allow further mutation or registration until the dispute is resolved.

1 Like

P. Venu (Advocate)     06 September 2025

Any further suggestion requires that the documents be perused and issues discussed.

1 Like

T. Kalaiselvan, Advocate (Advocate)     06 September 2025

As you were not aware of the partition of the property which was done excluding you and your siblings and the same came to your knowledge only recently, you may first issue a pre suit legal notice demanding a proper partition and to allot your share in the property as per your entitlement, failing to respond you may file a suit for paritition on the same lines and pray to court to divide the property by metes and bounds and to allot one such share to you as per your entitlement.

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