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Kanta (Partner)     08 October 2013

Indian limitation act

On the basis of a French Partition Deed of 1942, the patriarch of a Hindu family living in Pondicherry, divided his property between his three sons, X, Y and Z. 

In 1974, X sold his share of the land (which had not been inhabited) to A. The sale was duly registered.

in 2013, A sold the land to B. The sale was registered after getting encumbrance certificate and Patta was also transferred in favour of B. 

When B started building on the land, the son and grandson of X appeared and made a claim based on rights of inheritance. 

My questions are:

1. Does the same Hindu law of inheritance and succession apply to a piece of land which was divided on the basis of a French partition deed?

2. Since the descendants of X had not made a claim since 1974 when the land was first sold by X, does the Law of limitation prevent them from making a claim after 40 years?



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