Can limitation period effect my rights over property
19-Apr-2023 (In Property Law)
In a court case in 2002 i along with my family members were given shares in my fathers property...later on all my family members orally told me that they will give another property for me and pleaded me that my brother will live in my fathers property ,like these type of settlements and almost 15 yrs completed...vexed with their behaviour i filed a partition suit and in the written statement ..my brother replied that i and my family members have givenup our shares orally and that is why none including the plantiff have claimed their share in the property.more over all my family members because of some personal grudges and problems are supporting my brother... * i am in a misconception that decree given by court is valid for life time and this is also one reason for which i did not insist on partition..they are utilizing my ignorance about law and created as said above 1)Can limitation period affects my rights over the property? 2)is oral partition as said by my family members valid?
No such consent to relinquish your share in the property is not valid as it was neither witnessed nor registered. You can still file a partition suit in the jurisdictional civil court. However, if there is time bar on your claim then you can file an application along with the petition for condonation of delay mentioning a reasonable and justifiable reason as to why you did not file a case for last 15 years.
Final decree proceedings under CPC
Partition suit limitation ancestral
Stay of final decree proceedings
Latest Supreme Court judgement on partition suit
No need to file separate final decree proceedings in partition suit
Partition suit limitation judgments
Latest judgement on final decree proceedings
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