My mother's father died more than 12 years ago.Can my mother file the partition.
4 years ago
Can my mother file the partion of property if her father died more than 12 years ago ? What is the maximum time period for filing partition after the death of father ?
Thank you
Ayantika Mondal @ Prime Legal
Responded 4 years ago
Request to let us know the nature of the property? was it a self-earned or ancestral? How many siblings, etc?
However as per the question on the limitation of partition suits :- To file a civil partition suit, there is a limitation of 3 years from the date when the right to sue accrues. So, the aggrieved party can always claim that he/she does have knowledge of such a partition if they are not into any kind of family agreement.
To make a fresh limitation, it is necessary to issue a legal notice on the other co-owners demanding partition of the property/s. Demanding party may also opt for instituting pre-litigation mediation in order to see if there is any chance of settlement. If there is no response to the legal notice or the dispute continues or the mediation fails, a partition suit can be filed by producing all the relevant documents pertaining to the dispute before the court.
Ayantika Mondal @ Prime Legal
Replied 4 years ago
Request to let us know the nature of the property? was it a self-earned or ancestral? How many siblings, etc?
However as per the question on the limitation of partition suits :- To file a civil partition suit, there is a limitation of 3 years from the date when the right to sue accrues. So, the aggrieved party can always claim that he/she does not have knowledge of such a partition if they are not into any kind of family agreement.
To make a fresh limitation, it is necessary to issue a legal notice on the other co-owners demanding partition of the property/s. Demanding party may also opt for instituting pre-litigation mediation in order to see if there is any chance of settlement. If there is no response to the legal notice or the dispute continues or the mediation fails, a partition suit can be filed by producing all the relevant documents pertaining to the dispute before the court.
Though partitions suits to be filed within 12 years but it commences from the date of actual cause of action. You mother should say that her siblings denied to give her share only recently. Please approach the lawyer never think about the negatives. Once you file they come for compromise.
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