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Sandeep Gupta (Manager)     04 January 2019

Law of limitation

Daughter has filed a case for partition and separate possession from self-acquired properties of her father schedule A and B property. Father died in 1998 and the case is filed in 2013. Father had two wives and after the father's death, Family has divided the property A and B and katha was transferred to respective wives in year 2001 which is on the Municipal records. Later in 2008 schedule ‘B’ property was sold to the third party by second wife and her children’s. However, one daughter of first wife who was married did not signed the partition agreement in 2001 rest all signed. Now she has filed a suit in 2013, claiming her share in the schedule A and B properties saying that the sale deed executed behind her back. She did not brought any separation details of 2001 in the suit since she was not the signatory.

What is the law of limitation applied in this case? Can she file a case under these circumstance after 16-17 year’s after the death of her father? From when the law of limitation applies in case of self-acquired properties of father to claim the share? Can she ask for partition since self-acquired properties of father devolve as  self-acquired property on class-I hires after his death then and it becomes self-acquired properties of individual then partition from whom.

Any SC citation which can support the case for limitation under these circumstances.

Thanks and Regards,

Sandeep



 2 Replies

Shashi Dhara   04 January 2019

U contest that she was ousted from family for more than 12yrs so sheis not entitled for relief as prayed.

Kumar Doab (FIN)     09 January 2019

If the daughter being legal heir did not sign any agreement then, how her shere can disappear?

On the basis of which LOCAL revenue codes/rules/laws said katha can be transfeered in the names of both wives alone?


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