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sripartha (advocate )     28 December 2011

Limitation for filing legal heir suit

a suit is filed seeking plaintiffs are the legal heir of a decesed person you got married in the year 1900 and died in the year 1904, is such suit is maintable in law or barred by limitation, or cpc itself would not apply, in short what are the defences availbale for this suit, dear member kindly enlighten me.


 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 December 2011

A suit for mere declaration of legal heirs can be filed at any time. There must be some cause of action shown to have  arisen now to seek such a declaration. In my opinion such suit is maintainable.

1 Like

N.K.Assumi (Advocate)     28 December 2011

I am of the view that issue is not the Marriage or the Death but when does the suit arise? and is the issue related to setting aside the abetment on the consequent dismissal order on abetment? Question is not clear to me. There is a difference between partition and bringing on records the legal heirs in a pending suits.

1 Like

niranjan (civil practice)     28 December 2011

I agree that suit is maintainable but this question could arise only if the parties are claiming heirship in the property of the deceased,so in that casethe plaintiff should also aver that they may be declared as heirs entitled to succession of the property which has relevancy with the relief.Question of delay,latches,waiver,estoppel etc. are there for defence.

RAKESH PIPRODIA (ADVOCATE)     07 January 2012

in this case the suit is purely mainatinable and NOT at all barred by law of limitations

kvss.prabhakar rao (Advocate )     02 April 2012

declaration of legal hier of deceased can be filed at any time. but decalration property can  be filed when right to  sui accrues 

R.Manivasagan (practising advocates)     01 November 2015

what is the differance between the suif for declartion as legalheirs and to apply for the succession certificate?

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