Yes
Can a Hindu grand son and a non legal heir file a suit after 21 years against legal heirs based on a COPY of his grand father’s WILL on his self earned properties quoting that the WILL was ignored and a partition deed was made among the legal heirs ignoring the conditions of the Will. Further it was claimed that the partition deed should be declared as an invalid and void document and the original WILL is with one of the legal heirs.
If the grandson is not a legatee named in the Will then he has no locus whatsoever to file such a suit
APPLICATION UNDER ORDER 7 RULE 11 OF CPC FOR NO CAUSE OF ACTION AND IF THE PARTITION DEED WAS REGISTERED THEN ADDITIONAL GROUND OF SUIT BEING BARRED BY LIMITATION BECAUSE KNOWLEDGE ABOUT PARTITION WILL BE COUNTED FROM THE REGISTRATION DATE WHICH IN YOUR CASE IS BEYOND LIMITATION PERIOD FOR FILING SUIT
Deed of partition duly stamped and registered would be binding upon legal heirs
suit can be filed after period of 21 years
it has has to be proved that grand father executed the will
See if the legal heir is no way beneficiary to will then he has no cause of action to challange the partition mutual made by all the legal here and the suit is not maintainable.
The Will and its execution have to be proved by the claimants. Their identities as beneficiaries under the Will should be proved beyond doubt.
Claim for possession of immovable property or any interest therein based on title becomes time barred by 12 years from when possession of defendant becomes adverse to the plaintiff.
This actually means a period of 12 years + 12 years for possession to become adverse in normal cases. These are further subject to following conditions:
Where the knowledge of right on title is concealed by fraud of others, the period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it, or in case of a concealed documents, until the plaintiff first had means of producing the concealed documents or compelling it's production.
He can challenge that but you can object the same to be time barred suit
If he proves in court that he had knowledge of the same in 2018 then it will definitely not be a time barred suit but if not then it will be dismissed on limitation.
If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property.
When WILL bring in knowledge of beneficiary ? Declaration suit will file along with cancellation of partition deed and recovery of possession.
Claiming any property based on a Will after a gap of two decades or more may be barred by limitation especially when ther was a partition already done .
However let him file a petition to probate the Will, once the court is granting probate then he can file a suit to take possession the properties now distributed among the legal heirs.