Limitation act and thumb impression partnership deed
5 years ago
was given a share of my father according to his registered will but i got late due to my elder brother (who was tbe other partner ) delaying tactics and his hiding of a thumbimpressioned new unregistered partnership deed from me ( a fraud because my father used to always sign -i produced a Alzheimer's medical certificate but was not able to bring doctor as witness ) my son also had a medical problem. the high court dismissed my petitiion as being time barred as i filed in the fourth year from his death but within 3 years of will opening.Does limitation period of 3 years for rendition of account start from death of father or the day of knowledge of registered will of both parties.should I appeal further.
ARPIT BATRA
Responded 5 years ago
Please consult a Local Advocate or an Advocate from a neighbouring district through Vidhikarya.com as you should not wait for free advice.
Shanti Ranjan Behera, Advocate
Rajender Prasad
Responded 5 years ago
Ambrose Leo
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
Rakesh Kumar
Replied 5 years ago
Sir thanks for answering my query but I missed telling you even the fraud thumbimpressioned deed gave me 10percent .and he hid it only showing me in response to my legal notice.and the limitation act says the following and so I think the limitation will not start from the day of the death of my father.
Effect of fraud or mistake.—
(1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act,—
(a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or
(b) the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or
(c) the suit or application is for relief from the consequences of a mistake; or
(d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him, the period of limitation shall not begin to run until plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or cotmpelling its production: Provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which—
(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been commi
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