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limitation on partition suit (immovable property claim)
18-Oct-2023 (In Property Law)
Hindu family
my friend's father died without any will or settlement deed. my friend has an elder brother and two sisters. elder brother sold the property of my father without our consent (and knowledge) in 2002. buyer built a house on the property and he has patta and sale deed. wether my friend can file a partition suit now (2019).
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.
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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Latest Supreme Court judgement on partition suit
No limitation for filing partition suit
partition suit by son during the lifetime of the father
How long does a partition suit take in India
Partition suit Limitation Act 1963
Partition suit limitation judgments
Judgment on Order 7 Rule 11 in partition suit during life time of grand parents and father
Your friend can certainly file a suit to declare the sale as null void and also seek for a consequential relief of Partition. If you can brief more on the facts,i can suggest you a way to take it forward.
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Adv. Suraj Chandrasekaran
Chennai | 25+ Answers
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