Advise - Can the daughter get the ancestral of Great-grandfather
2 years ago
Can the daughter get the ancestoral of Greatgrandfather which was partitioned among sons 20 years ago?
A.Dear Sir,
It is very difficult because 12 years is the limitations to file a partition suit.
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LIMITATION 12 YEARS FOR FILING SUIT FOR PARTITION
ARTICLE 110 OF LIMITATION ACT
When suit for partition will become barred by limitation?
Article 106 of the Limitation Act provides for period of 12 years limitation for a distributive share of the property of intestate against other person illegally charged with the duty of distributing the estate. Time begins under Article 106 when the legacy and share becomes payable or deliverable. Under Article 110 of schedule¬ I of the Limitation Act, suit has to be filed within 12 years by a person excluded from joint family property to enforce a right therein which time commences when the exclusion becomes known to the plaintiff. Even if it is the case of the plaintiff that he was deprived of property of the deceased father by first defendant is concerned,
Article¬106 of schedule ¬I to the Limitation Act would be attracted. Consent award was declared on 15th April 1986. Decree interms of consent award was passed in 1991 whereas suit is filed on 6th April 2011. Prayer (b) thus in my view is on the face of it barred by law of limitation.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 808 OF 2011
Naresh Lachmandas Aswani
Vs.
Haridas alias Hardas Lachmandas
CORAM : R.D. DHANUKA, J.
Dated: 18th OCTOBER, 2013
Citation: 2016 (4) ALLMR 286
By an order dated 26th July, 2012 passed by this court, two issues were framed under section 9A of the Code of Civil Procedure, 1908 in Notice of Motion NO. 1157 of 2011. In view of the issues framed under section 9A of the Code of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties were given opportunity to lead oral evidence on the jurisdictional issues framed by this court. Learned counsel have addressed on those issues which are answered by this court in the later part of the judgment.
ARTICLE 106 OF LIMITATION ACT MAY BE VIEWED online.
It is very difficult because 12 years is the limitations to file a partition suit.
=========================================================
LIMITATION 12 YEARS FOR FILING SUIT FOR PARTITION
ARTICLE 110 OF LIMITATION ACT
When suit for partition will become barred by limitation?
Article 106 of the Limitation Act provides for period of 12 years limitation for a distributive share of the property of intestate against other person illegally charged with the duty of distributing the estate. Time begins under Article 106 when the legacy and share becomes payable or deliverable. Under Article 110 of schedule¬ I of the Limitation Act, suit has to be filed within 12 years by a person excluded from joint family property to enforce a right therein which time commences when the exclusion becomes known to the plaintiff. Even if it is the case of the plaintiff that he was deprived of property of the deceased father by first defendant is concerned,
Article¬106 of schedule ¬I to the Limitation Act would be attracted. Consent award was declared on 15th April 1986. Decree interms of consent award was passed in 1991 whereas suit is filed on 6th April 2011. Prayer (b) thus in my view is on the face of it barred by law of limitation.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 808 OF 2011
Naresh Lachmandas Aswani
Vs.
Haridas alias Hardas Lachmandas
CORAM : R.D. DHANUKA, J.
Dated: 18th OCTOBER, 2013
Citation: 2016 (4) ALLMR 286
By an order dated 26th July, 2012 passed by this court, two issues were framed under section 9A of the Code of Civil Procedure, 1908 in Notice of Motion NO. 1157 of 2011. In view of the issues framed under section 9A of the Code of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties were given opportunity to lead oral evidence on the jurisdictional issues framed by this court. Learned counsel have addressed on those issues which are answered by this court in the later part of the judgment.
ARTICLE 106 OF LIMITATION ACT MAY BE VIEWED online.
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A.Dear Client
Post 2005 all the girls have got right in the ancestral property but then for each property one has to see the history of the devolvement of the property form one generation to another. You should visit a lawyer with all the papers to have a better understanding.
Post 2005 all the girls have got right in the ancestral property but then for each property one has to see the history of the devolvement of the property form one generation to another. You should visit a lawyer with all the papers to have a better understanding.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion, it is necessary to know the date and year of such Partition, whether such partition was made in Registered manner and whether that property before partition, remained unpartitioned for last four generations through male lineage or not.
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