He has not executed gift deed for his entire share in property
2) partition suit is maintainable to claim share in property
3) entry in revenue records does not confer title to property
4) it is only for payment of property taxes
Partition
I have already posted my question. Is the partition suit time barred(13 years has passed after gifting). Donor has gifted 50% but in EC his name is not there. Town municipal khatha is in our name. We are paying tax/land revenue all along Possession also with us Can he now claim rights after passage of huge time. The main three ingredients title, khatha and possession with us. I want to know whether his name can be added in EC now after 12 years. Will he get possession after 12 years?
Asked 7 years ago in Property Law
Religion: Hindu
9 Answers
No its not possible. One can not take anything back once gifted.
The suit of partition though would not be barred by limitation. Further the revenue/ municipal documents show only possession of property and tax payment.
See in partition suit the first thing that is decided is that if plaintiff is.entitled or is owner of
That share of.property or not so in this case you can contest.same that complete property was given in gift it was wrongly typed in deed. Further this is point of litigation and court shall consider all the evidence on record.
The suit for partitition would be maintainable and not barred by the period of limitation, owing to the fact that you were not gifted the entire property, as per gift deed.
The court won't cause injustice to any party due to a typographical error.
1. He wont be able to claim and any such claim will be barred by law of limitation
2. Even if he files a declaratory suit to declare him as owner and for claiming possession, his suit will fail since it will be time barred. That is will fail the test of law of limitation
3. You can at once file an application in such a suit raising the preliminary issue of time barred suit and to have it dismissed due to the same
Dear Sir,
You can add your name in EC since all the records stands in your name. If anybody aggrieved may challenge such EC entry.
Dear Client,
Property in actual possession than no limitation for filling partition but here you are under actual possession so article 137 of limitation act come into play i.e. 3 years.
Even if gifted portion is 50 %, than adverse possession.
Rare chances of possession, rest depends on language of GIFT Deed.
There is no time limit for partition.
If the donor has 50% share in the property that has been gifted, he can file a partition suit anytime.
The possession and khata in you favor will not entitle you to claim title to the entire proeprty.
If you confirm that he has rights over 50% share in the proeprty then you may better arrive at an out of court compromise and settle the matter amicably instead of stretching the losing legal battle.
Hello,
Yes it is time barred.
Regards
