Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aveo310 (others)     08 September 2011

Minor limitation act within 12 year but complete 3 year

 

I was purchased a land from X (50 years) in year March- 2004. This land is ancestral property of X (He got land from his father, X is Hindu Karta) in Mr. X family, there are 3 sons (Mr. A-26 years ; Mr. B-23 years; Mr. C-21 years in 2011) and a wife Y (46 years), that time I don’t know about minors rights in ancestral property. So I can’t go for court to get permission and fallow this procedure, So on the sale deed only Mr. X was signed. Now this three brothers and Mr X’s wife want partition in land.

Mr. X’s Younger Sons Birth date is 14/Feb/1990. He attain majority in 14/Feb/2008. And three years limitation article 60 End in 15/Feb/2011. This case is filed in 17/Aug/2011.

So I want to ask.......

A)    A)  Is this case bared due to limitation act of 3 years or court consider limit of 12 years from sale deed

B)    B If court decides partition, Mr. A and Mr X’s wife Y would get their respective parts. ( I am asking, because at the time of sale deed both are major, they know about sale  but not signed on sale deed)  



Learning

 3 Replies

SANJAY SHARMA (ADVOCATE IN CHARGE)     08 September 2011

dear

you no need to go under fear because a karta can sell his ancestral property for lookingafter his sons and daughter also his dependants, in this situation his legal heirs or succeser can not demand their part in land

1 Like

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     08 September 2011

Dear

there is no need to worry. Limitation of each and every case is different. so don't go into question of limitation. i agree with Mr. Sharma being karta he can dispose of all the assets and no body can claim.

Regards

Rajiv Bhasin (Adv.)

BHASIN & ASSOCIATES

9811210505, 9868635640

1 Like

Aveo310 (others)     08 September 2011

Thanks for Replay


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