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jeevan madiwal (student)     24 January 2023

partition suit

sold by brother, property standing in his name of a Hindu family and after 12 years sister file a suit for partition and stating that, the sale is not binding on her. what is the right of a bonafide purchaser?


Learning

 5 Replies

Adv. Mohit Chahal (Advocate)     24 January 2023

Dear Querist

Purchaser has right to recover the sale amount with interest from seller.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


....

Dr J C Vashista (Advocate)     24 January 2023

Partition of property has no limitation.

The purchaser has to be impleaded  as a necessary party to the suit for partition.

The pruchaser has an interest, title and claim in the property consequently it shall be taken care by the court.

Shashi Dhara   24 January 2023

If sale is not binding on her share then why  did she kept silent for  12 years and now filing for partition suit ,at that time  she was minor , property is ancestral or not .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 January 2023

According to the Limitation Act, in the case of a suit for partition, the limitation is fixed at 12 years from the day the plaintiff claims the property. The partition suit limitation for ancestral properties is also fixed at 12 years.

Dr J C Vashista (Advocate)     25 January 2023

@ Dear Sh. Rama Chary Rachakonda ji,

You have opined and advised, inter alia, that,

"According to the Limitation Act, in the case of a suit for partition, the limitation is fixed at 12 years from the day the plaintiff claims the property. The partition suit limitation for ancestral properties is also fixed at 12 years."

Could you please let me know the provision of Limitation Act, 1963 qua filing of suit for partition as 12 years, which is not my knowlege.

Thanks and Regards

Dr. (Maj) J C Vashista

Advocate

Supreme Court of India

 


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