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Last Updated On 17-Sep-2025
Property

Property dispute

Properties sold by the plaintiff and two defendants without the knowledge of third defendant before filing suit for partition. Sold properties not shown in the suit. Third defendant is no more. Can the children of third defendant file a suit in the court for claiming the share. What is the limitation period for filing

( Bangalore, Karnataka )

15-Sep-2025

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A.
Dear Sir,
Regarding the limitation period, the law for filing a partition suit is generally 12 years. This period typically begins from the date when the plaintiffs (the children of the deceased third defendant) are denied their right to the property. However, it's important to note that in cases of joint family property, a "running cause of action" may exist, meaning the right to sue for partition is a continuous one until the property is formally partitioned. This can be a complex legal point, and it's essential to present your case with all the facts.
Posted On 17-Sep-2025
Kishan Dutt Kalaskar
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A.
Dear Client,
Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession or for partition of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and the 12-year period starts when the defendant's possession becomes adverse to the plaintiff or, in the case of a suit for partition, when exclusion from the joint property becomes known to the person. If this period expires, the legal heir may lose their right to the property. Given the proposition of relevant law, you need to consult with an experienced property Lawyer to understand your rights and remedies to navigate the matter effectively.
Posted On 16-Sep-2025
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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