Civil - 1965 partition deed
1 year ago
1965 partition deed does not have coshare person sign.after that one more partition done in 1990 based on 1965 mother document.now coshare person legal heirs challenge 1965 document?
Wheather limitation is applicable to these kind of partition?
A.Dear Sir,
LIMITATION 12 YEARS FOR FILING SUIT FOR PARTITION
ARTICLE 110 OF LIMITATION ACT
When suit for partition will become barred by limitation?
Article106 of the Limitation Act provides for period of 12 years limitation for adistributive share of the property of intestate against other person illegallycharged with the duty of distributing the estate. Time begins under Article 106when the legacy and share becomes payable or deliverable. Under Article 110 ofschedule¬I of the Limitation Act, suit has to be filed within 12 years by a personexcluded from joint family property to enforce a right therein which timecommences when the exclusion becomes known to the plaintiff. Even if it is thecase of the plaintiff that he was deprived of property of the deceased father byfirst defendant is concerned,
Article¬106 of schedule¬I to the Limitation Actwould 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 April2011. Prayer (b) thus in my view is on the face of it barred by law of limitation.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 808 OF 2011
NareshLachmandasAswani
Vs.
Haridas alias HardasLachmandas
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 issueswere framed under section 9A of the Code of Civil Procedure, 1908 in Notice ofMotion NO. 1157 of 2011. In view of the issues framed under section 9A of theCode of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties weregiven opportunity to lead oral evidence on the jurisdictional issues framed by thiscourt. Learned counsel have addressed on those issues which are answered bythis court in the later part of the judgment.
ARTICLE 106 OF LIMITATION ACT MAY BE VIEWED online.
LIMITATION 12 YEARS FOR FILING SUIT FOR PARTITION
ARTICLE 110 OF LIMITATION ACT
When suit for partition will become barred by limitation?
Article106 of the Limitation Act provides for period of 12 years limitation for adistributive share of the property of intestate against other person illegallycharged with the duty of distributing the estate. Time begins under Article 106when the legacy and share becomes payable or deliverable. Under Article 110 ofschedule¬I of the Limitation Act, suit has to be filed within 12 years by a personexcluded from joint family property to enforce a right therein which timecommences when the exclusion becomes known to the plaintiff. Even if it is thecase of the plaintiff that he was deprived of property of the deceased father byfirst defendant is concerned,
Article¬106 of schedule¬I to the Limitation Actwould 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 April2011. Prayer (b) thus in my view is on the face of it barred by law of limitation.
IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 808 OF 2011
NareshLachmandasAswani
Vs.
Haridas alias HardasLachmandas
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 issueswere framed under section 9A of the Code of Civil Procedure, 1908 in Notice ofMotion NO. 1157 of 2011. In view of the issues framed under section 9A of theCode of Civil Procedure, 1908 to be tried as jurisdictional issue, both parties weregiven opportunity to lead oral evidence on the jurisdictional issues framed by thiscourt. Learned counsel have addressed on those issues which are answered bythis court in the later part of the judgment.
ARTICLE 106 OF LIMITATION ACT MAY BE VIEWED online.
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