PARTTION SUIT
3 weeks ago
I BOUGHT A BDA SITE FROM mrs X THROUGH NOTARISED gpa IN THE YEAR 2003. THE GPA HOLDER IS MY WIFE. I GOT THE KHATA TRANSFERRED IN THE YEAR 2004. I CONSTRUCTED A BUILDING BY OBTAINING SANCTIONED PLAN FROM BBMP IN THE YEAR 2007.
THE LADY MRS X HAs 03 DAUGHTERS , WHO ARE AGED 40YRS, 38 YRS AND 35 YRS NOW. ONE OF THE DAUGHTERS WHO IS AGED 35 YEARS AS ON NOW HAVE FILED A PARTITION SUIT AGAINST ME IN JANUARY 2024. WHAT IS THE LEGAL STANDING OF THE SUIT
A.Dear Client,
Acquiring a land with Bangalore Development Authority (BDA) approval ensures adherence to all legal criteria and regulations, providing legal security as the BDA verifies ownership and development legality. However, in the case of a partition suit filed by a daughter of the seller of the BDA plot, it may not be maintainable due to being time-barred. Article 65 of the Limitation Act, 1963 sets a 12-year time limit for suits regarding possession of immovable property based on title, starting from when the defendant's possession becomes adverse to the plaintiff. Failure to file such a claim within this period extinguishes the owner's rights, with possession transferring to the occupant. Given that the property was purchased in 2003 and recorded in the Land Revenue Department's khata in 2004, the claim for partition is now barred by limitation under Article 65.
Acquiring a land with Bangalore Development Authority (BDA) approval ensures adherence to all legal criteria and regulations, providing legal security as the BDA verifies ownership and development legality. However, in the case of a partition suit filed by a daughter of the seller of the BDA plot, it may not be maintainable due to being time-barred. Article 65 of the Limitation Act, 1963 sets a 12-year time limit for suits regarding possession of immovable property based on title, starting from when the defendant's possession becomes adverse to the plaintiff. Failure to file such a claim within this period extinguishes the owner's rights, with possession transferring to the occupant. Given that the property was purchased in 2003 and recorded in the Land Revenue Department's khata in 2004, the claim for partition is now barred by limitation under Article 65.
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A.Dear Sir,
Such frivolous suits being filed to blackmail the purchasers. You are bonafide purchaser for consideration as such if they are entitled for any share they can claim in the consideration paid by you. Even otherwise the said suit is not maintainable if it is filed after 12 years from the date of sale or three years etc. The registration appears in encumbrance certificate as such the other side cannot claim ignorance of the transaction. Sale Deed is to be challenged within 3 years of registration and partition is to be claimed within 12 years from the date of transaction.
Such frivolous suits being filed to blackmail the purchasers. You are bonafide purchaser for consideration as such if they are entitled for any share they can claim in the consideration paid by you. Even otherwise the said suit is not maintainable if it is filed after 12 years from the date of sale or three years etc. The registration appears in encumbrance certificate as such the other side cannot claim ignorance of the transaction. Sale Deed is to be challenged within 3 years of registration and partition is to be claimed within 12 years from the date of transaction.
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A.Dear Client,
A land with Bangalore Development Authority (BDA) approval is a land that adheres to all legal criteria and regulations. BDA-approved sites offer a number of advantages, including Legal security: BDA-approved sites are legally secure, as the BDA has verified the ownership of the land and the legality of the development. As regards the partition suit filed by one of the daughters of your seller of the BDA plot, the same is not maintainable being barred by limitation. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner of the said property. When the property is bought in the year 2003 and recorded in khata of the Land Revenue Deptt. in 2004, the claim of partition of the said property is now barred by limitation as per the provision of Article 65 of the Limitation Act, 1963.
A land with Bangalore Development Authority (BDA) approval is a land that adheres to all legal criteria and regulations. BDA-approved sites offer a number of advantages, including Legal security: BDA-approved sites are legally secure, as the BDA has verified the ownership of the land and the legality of the development. As regards the partition suit filed by one of the daughters of your seller of the BDA plot, the same is not maintainable being barred by limitation. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner of the said property. When the property is bought in the year 2003 and recorded in khata of the Land Revenue Deptt. in 2004, the claim of partition of the said property is now barred by limitation as per the provision of Article 65 of the Limitation Act, 1963.
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