Yes, the time limit is 12 years.
You may have to file an execution petition within that period.
Partition Suit Execution Time Limit
I had filed a partition suit in 2011. In November 2020, this suit was settled amicably. The Preliminary Decree and Final Decree were passed in the same month and I got the copy of documents in Dec 2021. Even though I have got the orders from the court, I haven't got the properties demarcated with the help of a surveyor and haven't obtained the title documents in my name yet. These properties are barren lands and neither of the parties involved are enjoying/in possession of it. My question: Is there a time limit before which I have to get the properties demarcated with the help of a surveyor and have the title documents in my name? If yes, what is the time limit in years?
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
You should get demarcation of properties done and get mutation done in name of parties
Article 136 prescribes the limitation for execution of any decree or order of civil court as 12 years when the decree or order becomes enforceable.
Hi, There is no time limit for demarcation of the property. But you can do as early as possible.
Limitation for execution of any decree is 12 years under Article 136. Computation of limitation for execution of decree in partition suit commences from the date on which judgment is passed directing final decree to be drawn up.
Yes you need to do it as soon as possible but there is no limitation in law for the same
- Under Article 182 of the Limitation Act the period of limitation for an execution application is three years from the date of the decree.
- However , in some of the cases specially when there is money or property transfer is concerned , then it is 12 years from the date of the Decree.
- Hence, you can file an Execution petition before the said court , if the decree is not fulfilled , however you should peruse the judgment before filing the same for knowing the fixation of time if any .
Dear client, The court said a survey or resurvey should be conducted within 30 days of receipt of charges, and the entire process should be photographed and videographed. In case of failure on the part of an official to conduct a survey, the cost of application should be returned to the parties, a sum of ₹2,500 should be recovered from the salary of the official and departmental proceedings should be initiated against him/her
The limitation for execution of the decree is 12 years from the date of the decree. The time taken for obtaining a certified copy of the decree from court will be excluded for computing the limitation.
i dont think there is any limitation period for this
only if someone tries to affect your rights under the final decree, would there be a time limit for you to take legal steps
in your case you are saying that none of the parties are enjoying or in possession of it
so you do not have any cause of action as yet to initiate any legal steps
the final decree is not being breached by any party
