Is there any limitation period for filing of the partition suit
19-Nov-2023 (In Property Law)
if the hindu daughters could not claim the partitin of the dwelling house which was his self acquired property, even after 33 years after his death, can they file for partition now in the year 2016? is there any limitation period for filing of the suit? what if any major improvements are done by the brother who is living in? please advice as it is most urgent
If the person has acquired or is in possession of the property by way of a registered document then limitation period can run from the date of the document. Otherwise there is no limitation to file a partition suit. If he has effected improvement he has effected as a co-owner. You can claim partition.
What is partition by father in his lifetime?
Modalities of Partition
Partition made by father during his lifetime. If the coparcenery is only father and sons, then the father can partition himself or his sons. The consent of his sons is not required.
Can son claim father's property when father is alive?
The son cant claim the property of his father he acquired himself while his father is still alive. This applies even if the father has abandoned the son and family. After the father dies, the son can inherit the property according to the will of the father or by legal inheritance laws.
What is the time limit for partition suit?
In India, the limitation period for a suit relating to partition is 12 years. This starts from the date the right to sue was acquired.
Can a son file partition suit against his father?
The argument of defendant No. is that a son can claim a partition during the lifetime of his father.
partition suit by son during the lifetime of the father
Partition suit dismissed
Partition suit Limitation Act 1963
Limitation for partition suit
Latest Supreme Court judgement on partition suit
Partition suit limitation judgments
Judgment on Order 7 Rule 11 in partition suit during life time of grand parents and father
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