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Amulya Kumar Mishra (Advocate )     11 May 2021

Partition case

Is there any time limit for partition case ?


 7 Replies

Advocate Bhartesh goyal (advocate)     11 May 2021

No time limit is fixed for filing partition suit. Any co sharer can file partition  suit when another co sharer denies for partition of property.




1 Like

Dr J C Vashista (Advocate)     12 May 2021

I agree with expert Mr. Bhartesh Goyal and appreciate.

No time limit as such to institute a suit for partition.

Sankaranarayanan (Advocate)     12 May 2021

I do endorse experts opinion

sneha jaiswal   12 May 2021

Hello, Greetings of the day!

Partition of Suit means the act of dividing a real property held jointly or in common by two or more persons into individually with own interest. In other words, Partition suit is a procedure organized by a coparcener when a property dispute emerges in the family or when there is nonattendance of shared assent among the different proprietors of the land in the deal or division of the property. This suit is started only when the lawful notification of s partition has been ignored by the other co-proprietors and the dispute continues.

Laws that regulate Partition in India: The Partition Act, 1893

Section 2 of The Partition Act 1893 states that it gives power to the court to order sale instead of division in partition suit if such division appears to be unreasonable or inconvenient for all the shareholders.

Limitation Period for filing partition suit:

Article 65 of The Limitation Act 1963 tells a time period of 12 years within which a person can file a suit for partition.


Important Case laws-

  • Rachakonda Venkat Rao v. Satya Bai
  • Rajinder Kumar Kapur v. Madan Mohan Lal

Hope it helps


Sneha Jaiswal



1 Like

G.L.N. Prasad (Retired employee.)     12 May 2021

The fundamental fact is "Whether there was a partition in metes and bounds, in between co-sharers getting equal share".  When the property is not divided, the suit can be instituted if there is any risk for the share of any co-sharers.

P. Venu (Advocate)     12 May 2021

What are the facts? What is the context?

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

The query is about limitation for instituting a lawsuit for partition of immovable property.

The answer is that the proposed partition lawsuit is not barred by limitation since there is no limitation to file the same.

Hence I may have to disagree with the opinion of advocate Ms. Sneha Jaiswal. The article 65 of limitation referred is for possession.

Article 65 to Schedule I of the Limitation Act, 1963 prescribes a timeline of 12 years, within which an aggrieved person may file a suit for recovery of possession of immovable property or any interest therein based on proprietary title (i.e. title bases on documents).

After an uninterrupted 12 years of possession, the person is said to be perfected his title over the property by way of adverse possession provided he proves that his possession is peaceful, open and continuous. The limitation Act further says that in case no suit is filed within the timeline of 12 years as provided under Article 65, the person extinguishes his right to file a suit for recovery of possession. The practical effect is the extinction of the title of the owner in favour of the party in possession and this right is an absolute interest. 

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