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Last Updated On 21-Apr-2020
Will

Regarding Property Distribution Between Brothers and Sister

Dear Sir, Myself Bijoy Kumar Pattanayak, age 62 from West Bengal. I have Three Brother and Three Sister (Got Married Before 1984) and My Father Sri Sarat Chandra Pattanayak was died on 30th December,1978. At the time of his death there are no will done by my father. On year 1993 my all sister given Power of attorney to Me and My Elder Brother for all legal requirements and to look after all the property. In the same way we three brothers are paid property tax every year and Recorded the property in our three brothers but will not prepare at that time. But now all of my sisters are demand for the property . Please clarify as our sister have any rights to claim the property or not?

( Midnapore, West Bengal )

02-Apr-2020

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Yes the sisters have a right to claim a share in the property.
Thank You.
Posted On 21-Apr-2020
Vidhikarya
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Dear Sir,
Filing of partition suit is not barred but it must be filed within 12 years from the date of death of father on that ground get the suit dismissed under order 7 rule 11 of Civil Procedure Code.
=======================================================
The limitation for filing the suit for partition und... Article 65 of the Limitation Act, 1963 is 12 years when the cause of action accrues to the plaintiff. In the instant case the cause of action for filing the suit for partition ac..., the suit is barred by limitation.
http://comtax.up.nic.in/Miscellaneous%20Act/limitation-act-1963.pdf

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Posted On 04-Apr-2020
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