Section 3 of limitation act
3 years ago
We are enjoying property since 1960.which is belongs to our granfathers sister property.she does not have children.in 1970 my grandfather and his brothers divided with a partision deed with out her signature.in 1990 my fathers decided we got my grandfather sister property .now my granfathers sister husband's brother children filed a os in Court.
We are having title and position from 1960.
Section 3 of limitation act is applicable to this case????
every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as defense
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.when grandfather sister died ?
partition deed was registered ? most likely not.
if grandfather took property of sister then grandfather sister husband brother have share.
how you are having title since 1960 when partition deed itself was done in 1970 ?
partition deed was registered ? most likely not.
if grandfather took property of sister then grandfather sister husband brother have share.
how you are having title since 1960 when partition deed itself was done in 1970 ?
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Tanmoy Chattopadhyay
Responded 3 years ago
A.Few questions will be determinant in properly answering your query:
To which religion you or more appropriately your grandfather's sister belonged?
If your grandfather's sister predeceased her husband?
If the property is ancestral or self acquired property of her?
If she died interstate or testamentary succession will follow?
As far as the question of Section 3 of Limitation Act 1963 is concerned it is webbed on various parameters that would intricately depends on the fact circumstances of the events that occurred since 1960 or even from before so it is next to impossible to give a yes no answer to that question and it is highly suggested that without any further ado contact a lawyer who can after ascertaining from you all facts relating to your case can guide you properly on how to defend the suit as filed or advice you with other suitable remedy available at your disposal.
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To which religion you or more appropriately your grandfather's sister belonged?
If your grandfather's sister predeceased her husband?
If the property is ancestral or self acquired property of her?
If she died interstate or testamentary succession will follow?
As far as the question of Section 3 of Limitation Act 1963 is concerned it is webbed on various parameters that would intricately depends on the fact circumstances of the events that occurred since 1960 or even from before so it is next to impossible to give a yes no answer to that question and it is highly suggested that without any further ado contact a lawyer who can after ascertaining from you all facts relating to your case can guide you properly on how to defend the suit as filed or advice you with other suitable remedy available at your disposal.
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A.Certainly limitation will come into play but be sure that exhaustion of limitation starts from happening or not happening of an event and that will depend on facts of the case. Say, in fraudulent transaction the limitation will start from the date of knowledge of fraud.
Secondly, land laws have some amendments basis the local or state amendments so those too have to be kept in mind.
Thirdly ask your lawyer to have a look from the recent updates on "land to belong to the one who is possessing it for long" laws too. That might help you in this case.
Secondly, land laws have some amendments basis the local or state amendments so those too have to be kept in mind.
Thirdly ask your lawyer to have a look from the recent updates on "land to belong to the one who is possessing it for long" laws too. That might help you in this case.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Limitation can be set up as a defense, but a judicial discretion is granted on the Court and they have the power to condone the delay, if the court is satisfied by the explanation for delay in filing the suit. This power is purely discretionary. Section 3 is definitely applicable, but if the other party is successful in explaining the cause of delay, the court has the power to condone the delay and decide the case based on the merits.
If you like my answer, please rate me.
Limitation can be set up as a defense, but a judicial discretion is granted on the Court and they have the power to condone the delay, if the court is satisfied by the explanation for delay in filing the suit. This power is purely discretionary. Section 3 is definitely applicable, but if the other party is successful in explaining the cause of delay, the court has the power to condone the delay and decide the case based on the merits.
If you like my answer, please rate me.
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A.Hi,
Limitation can be set up as a defense, but a judicial discretion is granted on the Court and they have the power to condone the delay, if the court is satisfied by the explanation for delay in filing the suit. This power is purely discretionary. Section 3 is definitely applicable, but if the other party is successful in explaining the cause of delay, the court has the power to condone the delay and decide the case based on the merits.
If you like my answer, please rate me.
Limitation can be set up as a defense, but a judicial discretion is granted on the Court and they have the power to condone the delay, if the court is satisfied by the explanation for delay in filing the suit. This power is purely discretionary. Section 3 is definitely applicable, but if the other party is successful in explaining the cause of delay, the court has the power to condone the delay and decide the case based on the merits.
If you like my answer, please rate me.
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