Does partition deed have any time limit to file a suit

665 votes

issue a legal notice to him and if he is not ready to give you your share within notice period then immediately file a civil suit for partition before civil court.
12 years from the cause of action.
yes, you can club all the properties in this matter and claim your share.

Advocate Vedashree A LawRato

694 votes

As you have mentioned it is family property your disabled brother will also get his right in the property with siblings and hence no one can grab it without his consent and he has to decide to dispose his right through his wish. As there is a misunderstanding about the partition that can be challenged whomever who is aggrieved among you by making your disabled brother as a party at civil court. Usually civil suits have 30 years time limitation. As there is a illegality you can challenge the partition deed as it came to your knowledge now or depending upon the recent developments by explaining the same to court. Consult any advocate.

Advocate Rajesh K.S LawRato

781 votes

the case is well within the limitation of partition. but you can contest and get it in your favour as the demands made by the other 2 brothers is un reasonable. hence i suggest you contest the case and on ur behalf of the disabled brother

Advocate Varun Papireddy LawRato

90 votes

1. Limitation to Challenge a Registered Partition Deed:
   • The process of challenging a registered partition deed involves certain legal limitations and considerations.
2. Time Limit for Challenging a Registered Partition Deed:
   • In most cases, there is a limitation period within which one can challenge a registered partition deed.
   • The Limitation Act, 1963, prescribes specific limitation periods for different types of legal actions, including challenges to property documents.
3. Partition Suit Time Limit:
   • If you wish to challenge a registered partition deed, you must typically do so within the prescribed limitation period, which varies depending on the circumstances.
4. Grounds for Challenging a Registered Partition Deed:
   • Common grounds for challenging a partition deed include fraud, coercion, misrepresentation, or a claim that the partition was not carried out correctly as per legal requirements.
5. Validity of Registered Partition Deed:
   • A registered partition deed is considered valid unless proven otherwise in a court of law.
   • The burden of proof often rests on the party challenging the deed.
6. Unregistered Partition Deed:
   • In some cases, unregistered partition deeds may also be subject to legal scrutiny, especially when there are disputes regarding their validity or execution.
   • The rules governing the validity of unregistered partition deeds may vary by jurisdiction.
7. Consulting Legal Experts:
   • If you intend to challenge a registered or unregistered partition deed, it is advisable to consult with legal experts who can provide guidance based on the specific facts of your case.
8. Mutation on Unregistered Partition Deed:
   • The mutation of property records based on an unregistered partition deed may also have its legal implications and limitations, which can vary by region.

In summary, the time limit to challenge a registered partition deed depends on various factors, including the grounds for the challenge and the specific laws of the jurisdiction. It is crucial to seek legal advice and take timely action if you intend to challenge such a deed to protect your rights and interests.

Advocate Chikirsha Mohanty LawRato

227 votes

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.

Advocate Chikirsha Mohanty LawRato