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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     20 May 2021

Limitation for filing a partition suit

Mother sold the land which was on her name but earlier in the name of father without consent of the only daughter. Now the only daughter wants to file partition suit. What is the limitation. Is it 3 years or 12 years.


Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     20 May 2021

Law of limitation does not apply in partition suit since right to partition is continuing right having recurring cause of action.

1 Like

Sankaranarayanan (Advocate)     20 May 2021

i think it seems repeated query, Mr.Goayal given answer to your query , i do endorse his reply

Arpita Chauhan   20 May 2021

Respected Sir,

A Partition is suit one which can be filed by a coparcener when a property dispute or the lack of mutual consent arises between the multiple owners.

To answer your question Sir, it is given under the Limitation Act that to file a partition suit, the time period is twelve years.

A person should file a partition suit within these twelve years only. These twelve years starts from the point when adverse claim to the plaintiff or to the co-owners is notified to the world at large.

However, one thing that should be kept in mind is that, it is the burden of the opposite party to prove that such partition suit is time barred and they need to mention the same in their written statement. Simply mentioning that the suit is time barred does not make any difference until and unless it is proved by way of facts and evidence that such suit is time barred and the same is proved through the  evidence.

I hope I was able to help, however this answer is purely from internet research so I would suggest you to consult a lawyer for more clarification.

Regards

Arpita Chauhan

Law Student


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