You can obtain restraint order against daughters as partition suit has been dismissed
2) If no appeal is filed by daughters trial court order is final
3) the delay of 16 years in filing suit by daughters would prove fatal to the case
Partition suit filed in 2008 by daughters on family property sold in 1982
Here is the brief on this property. 1982: Property in Bangalore sold by Mother and 5 sons. Sale deed mentions that this property is being sold to pay off debts and to release this property from private mortgage and to take care of family. Property sold to a developer. 1992: Layout is formed and the area is developed. 2008. Partition suit filed by 2 daughters against the 5 sons. Daughters have not mentioned anything about the development of the property to the court. They have got a ex-parte order in 2011 by serving notice to the developer to a wrong address. They have started harassing everyone (from 2015) in the layout and painting OS number on all compound walls. 2015: Developer files Misc case to set aside the judgement and decree passed in the partition suit of 2008. 2019: Developer gets the ex-parte order set aside and the 2008 OS (partition suit) to reopen. I have bought a site in 2013 and built a godown in the year 2015. After building, the daughters came and painting OS number on the walls and locked the place up and filed a police complaint. When i filed an injunction suit in 2015 against the daughters, it was rejected because the partition was already done and FDP proceedings were going on. Since my sale deed was done after their partition suit, the court did not give me relief. I informed the developer who then took up the case. Now the partition suit is set aside. They are still harassing me. Can i file suit of injunction again? Can the daughters claim for property that is sold in 1982 and developed in 1992? Is their partition suit with the act of limitation? From what I read online, partition suit needs to be filed within 12 years. Can the developer get the case dismissed on Limitation Act? Thanks
Asked 5 years ago in Property Law
Religion: Hindu
18 Answers
Raise a plea of bonafide purchaser. Property sold in 82 and partition filed in 2008, suit is barred by limitation.
Become party in same partition suit and obtain injunction.
Since the exparte preliminary decree was set aside by court and as the opposite parties still keep troubling you, it is advisable that you file a petition to implead yourself as necessary party to the suit and file an injunction application in the same suit for the reasons you rely upon.
The answer for all questions raised by you is yes and affirmative provided we read and review all relevant documents in your matter to advice you as per precedence and provisions of law.
We do not know the avarments appearing in the suits, application and judgment directing final decree passed in the matter.
We need to review and peruse minutely all the documents for legal opinion which would provide you adequate relief.
As per the latest SC judgement the daughters have been given right in the property since birth like a son. The only exception given is if the said property if legally partitioned before 2005 through registered partition deed or decree of court then the daughters can't seek their share. Otherwise they can. Yes limitation can be one point but the woman can file case on basis of change of law as court has given it retrospective effect
1. If there is no partition suit then there must not be any restraint order against you.
2. Therefore immediately take physical possession of the property , if required with force as well.
3. Since in partition there is recurring cause of action the law of limitation does not operate in partition suit.
4. Without seeing the contents of the pleading further comment on merit of the Appeal can not be said.
- Since, the property was sold by mother and 5 sons , it means that this property was an ancestral property of sons father , and came to them after the death of sons father .
- Further , as the said property was sold in 1982 to the developer by them , then the sale deed executed in favour of the developer was legally valid , as before 2005 , daughters were not having any right over the ancestral property if father died before 2005.
- Further , as the ex-parte order already set aside by the court , then the said daughters are not having any right to disturb your possession , and if she is going the same , then you should file a Permanent Injunction suit against the said daughters to restrained them from creating any type of trouble in your legal possession.
- You have not mention that that how the said mother and sons got this property ?
- If this was their self acquired property i.e. they purchased from their own fund then , daughters cannot interfere into the same.
- Further , if this was not ancestral property , and a self acquired property of sons father , and he died intestate , then legally daughter can get their right over property after filing a Partition suit, and then the sale in favour of Developer will be invalid .
- As per law, the limitation for filing the suit for partition is 2 years from the date of denial of right .
- Hence the suit is not barred by limitation , as before filing the daughter surely have served mother & brothers after sending a legal notice , and the limitation will run from the date of denial to partition after receiving the said notice.
You can connect me via kaanoon.com , if needed further advise.
Dear Sir,
You may very well file the injunction suit giving details of the setting aside of the partition suit and the illegal acts of the daughters. Also, file the police complaint. The claim of the sisters is barred by the limitation and they can't claim the property already sold so long. The developer has good chances of winning the case,
The property belonged to the father who got it by a registered partition deed in 1975. After his death, his sons and wife sold the property in 1982. Can you shed some light on the latest supreme court order that states that property alienated before 12/2004 cannot be claimed by daughters? Is there no limitation on when the kids can file for partition in fathers property?
Asked 5 years ago
If property was sold by wife and sons in 1982 suit if any to set aside sale deed should have been filed by daughter within period of 3 years of sale of property
Under section 6 (1) (c) of Of Hindu Succession Act 1956 states that nothing contained herein shall affect any disposition or alienation which had taken place before 20th December 2004 and partition is considered to be a disposition under this section.
This has been clarified in para 129 sub para (ii) of the ruling of Apex Court held in Vineeta Sharma v /s Rakesh Sharma & others.
As per section 6 and latest order of Apex Court registered deed of 1975 and sale of property in 1982 is final. No change could occur untill suit is pending against the sale or registered partition deed.If the suit is pending then it would survive otherwise No.
1. If the father died intestate then his legal heirs which include you, your siblings and mother in equal share.
2. The recent judgement deals with ancestral property of father which has no nexus with self acquired property of father.
3. Therefore the daughters can file suit for partition to claim her due share.
As per law the daughters are entitled for an equal share in the property at par with the sons and other legal heirs of the deceased father.
What were the daughters doing for almost four decades by not making a claim for their legitimate share in the property that was sold by their mother and brothers without giving a share out of the sale consideration amount.
Though they can file and claim their rightful share even now, it would be more appropriate to claim for a share out of sale consideration amount as the property has been sold to various hands ever since 1982.
Her claim is barred by limitation. Recent judgement has no application in your case.
- As per latest judgement , this limitation of 2004/2005 has been removed , and now a daughter cannot claim her right .
- Hence, the kids can claim their right after the date of refusal as i mentioned above.
yes it cannot be claimed by daughters only if the said property is partitioned legally through a document i.e registered partition deed or court decree
As far as limitation for filing a suit is concerned, at most it would be 12 years under Part V of the Limitation Act, 1963 which deals with suits relating to movable property. Therefore a claim after 25 years would ordinarily be time barred..
1. Yes you can file injunction suit again if their partition suit is dismissed by court.
2. No daughters cannot claim their share after 26 years if they had knowledge of sale of property.
Dear Sir,
If you talk of limitation for filing the suit, the same is 12 years. Also, there are several judgments on the issues similar to it and you are suggested to consult your advocate for this.