When is the property is sold by your maternal uncle wifbout your mother's NOC.

From that date within 36 months one can fike case against his brother.

See there is a no limitation for the partition suit but since the properties are disposed on that surely limitation applies that is three years.So she can file partition suit on the remaining properties.

She can file a suit for partition under Hindu succession act for partition of assets self acquired by the father, further she can file suit to set aside the sell done by brother and can file along condonation of delay that this was not under her knowledge as she was under impression that brother were taking care of all asset in joint names and would request permission to alienate same.

Your mother can file partition suit to claim her share in property

Suit us not barred by limitation

1. The limitation is 12 years but the same is to be counted from the date of knowledge.

2. In partition suit there is no time limit as it has recurring cause of action. Only in the case of declaration or setting aside of sale the time is line fixed which is to be calculated form the date of knowledge of unauthorised sale.

1. Since her father died intestate all his properties, movable and immovable, devolved through intestate succession on his Class 1 heirs i.e widow and all children. The share of daughter is at par with that of sons in the self acquired and separate property of father.

2. Your wife can file a suit for partition to seek her 1/6th share in the properties of her father. She can also seek a declaration from the civil court to declare the sale made by her brothers as illegal. The subsequent purchaser will have to be made a party.

3. She should also seek injunction to restrain her brothers and mother from alienating the properties during the pendency of the suit.

Yes the time limit is 3 year and now the delay has to be explained to the court before filing of the suit.

Regards

A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings

This is my response to you:

1. The period of limitation is 12 years;

2. But the same can be waived of;

3. Your mother can claim absence of knowledge and state that the brother clandestinely sold off the properties;

4. Say that the brothers had promised they would divide the share and have gone back on their word;

5. She can also file a case of cheating and criminal breach of trust.

mother ought to have challenged the third party rights created by the brothers maximum within 3 years of sale/mortgage

if the sale/mortgage were effected by registered documents then mother's knowledge about creation of third party rights will be deemed to be counted from the document dates stated in the registered documents

when were these third party rights created by the brothers?

Dear,

No limitation in partition suit,

your mother is eligible.

Your mother being a legal heir and successor in interest she has a right in her father's property.

She can file a partition suit seeking division of proeprty and her legitimate share in the property at par with her siblings and mother and its separate possession.

There is no limitation for filing partition suit.