AI Overview...
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Right of Partition - Several sources clarify that the right to seek partition is generally considered a continuing or recurring right, meaning that there is no fixed limitation period for filing such suits as long as the co-sharers are in possession of the joint property. For example, Sources Naroti Dass VS Phul Kaur - Punjab and Haryana and Arun Kumar VS Saroj Dwivedi - Patna emphasize that the right to partition does not extinguish over time and that limitation does not typically bar such claims, provided the suit is filed within a reasonable period of possession and co-ownership persists. Naroti Dass VS Phul Kaur - Punjab and Haryana, Arun Kumar VS Saroj Dwivedi - Patna
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Limitation and Bar to Suit - Multiple references highlight that suits for partition can be barred by limitation if filed after a significant lapse of time, especially when possession and exclusion of co-sharers are involved. For instance, Source Shanthappa VS Channabasavaiah - Karnataka notes that a suit instituted after 50 years was rightly dismissed as barred by limitation under Article 110 of the Limitation Act, which prescribes a 12-year period for enforcing a right to share among brothers. Similarly, Source Naina Kala Sharma, W/o Shri Deepak Kumar Rai VS Deepak Kumar Rai, S/o Late Dhan Bahadur Rai - Sikkim confirms that the suit was barred by limitation when the property was claimed to be self-acquired and the claim was made after an extended period. Shanthappa VS Channabasavaiah - Karnataka, Naina Kala Sharma, W/o Shri Deepak Kumar Rai VS Deepak Kumar Rai, S/o Late Dhan Bahadur Rai - Sikkim
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Special Rights and Exceptions - In some cases, courts have held that private partition agreements, even if informal, can have the same legal effect as formal ones, and the limitation period may not apply if the right to partition is still alive. Source Ram Lal Roy VS Digambur Misser - Calcutta discusses that the right of pre-emption and partition under Hindu Law can be recognized regardless of formal sanction, and limitation may not bar such claims if the partition is ongoing or the right is a continuing one. Ram Lal Roy VS Digambur Misser - Calcutta
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Limitation Act Provisions - The general principle is that suits for partition are not strictly limited by a fixed period, especially if the right is considered a continuing or recurring right, as per Sources Naroti Dass VS Phul Kaur - Punjab and Haryana and Arun Kumar VS Saroj Dwivedi - Patna. However, when the claim involves long-standing exclusion, adverse possession, or the lapse of a significant period without action, courts tend to dismiss such suits as barred by limitation, as seen in Sources Shanthappa VS Channabasavaiah - Karnataka and On Death Of Khalilor Rahman, His Legal Heirs Moon Saikia VS On Death Of Makib Ahmed His Legal Heirs Musstt Salma Begum Wife - Gauhati. Naroti Dass VS Phul Kaur - Punjab and Haryana, Arun Kumar VS Saroj Dwivedi - Patna, Shanthappa VS Channabasavaiah - Karnataka, On Death Of Khalilor Rahman, His Legal Heirs Moon Saikia VS On Death Of Makib Ahmed His Legal Heirs Musstt Salma Begum Wife - Gauhati
Analysis and Conclusion:
The right to seek partition is generally regarded as a continuing or recurring right under Indian law, meaning that limitation does not typically bar a suit unless there is a long period of non-claim or adverse possession. However, if a suit is filed after a substantial lapse of time—especially when possession has been exclusive or the property has been adversely possessed—the courts are likely to dismiss it as barred by limitation, as demonstrated in cases like Shanthappa VS Channabasavaiah - Karnataka and Naina Kala Sharma, W/o Shri Deepak Kumar Rai VS Deepak Kumar Rai, S/o Late Dhan Bahadur Rai - Sikkim. The specific facts, nature of possession, and whether the partition was formal or informal influence the applicability of limitation.
Search Results for "Right of Partition Limitation"
2017 0 Supreme(Sikk) 44 • India - Sikkim
MEENAKSHI MADAN RAI
Issues: Dispute over land ownership, claim of 'Daijo' property, right to seek partition, and limitation of the suit. ... The Court also held that the Appellants had no right to seek partition as the property was self-acquired by the Respondent. ... Additionally, the suit was found to be barred by limitation. ... The question of partition having thus been settled, now what remains for consideration is whether the Suit is barred by limitation. Undoubt....
2008 0 Supreme(Kar) 17 • India - Karnataka
K.RAMANNA
Limitation Act, 1963 - Article 110 Enforcement of right to share limitation - Partition between brothers - Taking place 50 years ... back - Exclusion of another brother - Suit instituted in 1992 - Barred by limitation. ... Thus the lower appellate Court has rightly dismissed the suit of plaintiffs as barred by limitation and the same does not require ... Article 110 of Limitation Act provides for a period of limitation of 12 years for a person exclud....
1912 0 Supreme(Cal) 344 • India - Calcutta
HOLMWOOD, CHAPMAN
in limitation of the plaintiff's right by partition. ... in limitation of the plaintiff's right by partition. ... The onus is on the defendant to establish any special right in limitation of the plaintiff's right by partition. ... special right in limitation of the plaintiff's right by partition. ... The defendants admitted the partit....
1887 0 Supreme(Cal) 11 • India - Calcutta
TOTTENHAM, NORRIS
Pre-emption - Hindu Law - Transfer of Property Act - Right of Pre-emption - Partition - Limitation - Section 14, Act XXIII of ... 1861 - Article 10 and 120, Limitation Act - - The court held that a private partition, though not sanctioned by official authority ... to it, will have the same effect as the most formal partition on the right of pre-emption. ... Ojoodheapershad 2 W.R. 47 it was held that a private partition, though not sanctioned by offi....
2007 0 Supreme(P&H) 1159 • India - Punjab and Haryana
PERMOD KOHLI
for partition is continuing right-Article 113 of the Limitation Act not attracted in the present case. ... for partition by co-sharers-All the co-sharers are in possession of joint property-No question of bar of limitation-Right to sue ... (Para 5) ... (B) Limitation Act, 1963, Article 113-Joint Property-Suit ... In the present case, there is no question of bar of limitation. Right to sue for partition is continu....
1927 0 Supreme(Mad) 236 • India - Madras
K did not bar the plaintiff's right for partition, and the plaintiff's suit for partition was not barred by limitation. ... The plaintiff's right for partition was not barred by limitation, and the lower court's decree was set aside. ... C., and the bar of limitation for the plaintiff's right for partition. Ratio Decidendi: The order under Ex. ... J. 642 to be enforced not by a mere application for execution, but b....
• India - Current Civil Cases
AJOY KUMAR MUKHERJEE
Partition Act, 1893 – Section 4 – Limitation Act, 1963 – Article 97 – Partition of property – Right to Pre-emption ... – Limitation – Application for pre-emption under Section 4 of Partition Act can be made at any stage of partition suit so long entire ... of a partition suit and such a cause of action being a recurring one, provision of Article 97 of Limitation Act cannot have any application ... of a limitation. ....
2025 Supreme(Online)(Del) 2072 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
suits (Para 26) ... ... (C) Limitation in Partition Claims - No fixed limitation for partition suits; right to ... (A) Indian Succession Act, 1925 - Section 269 - Partition, injunction, will validity - Plaintiff seeking partition and interim injunction ... claiming co-ownership as class I heir and questioning will's validity - Defendants’ arguments on maintainability, forum shopping, and limitation ... Wadhwa on the aspect of limitation#H....
2011 0 Supreme(Pat) 1881 • India - Patna
MUNGESHWAR SAHOO
(Para 48) ... Hindu Law-Partition Suit-right to sue for partition is ... recurring right, no limitation is applicable nor the cause of action will cease after 12 years. ... (Para 49) ... Limitation Act, 1963-Adverse Possession-it is well settled ... The learned counsel next submitted that since the suit was simple suit for partition on the basis of two sale deeds no limitation will apply and that plaintiff was not required to pay advoluram court fee.....
2019 0 Supreme(Gau) 684 • India - Gauhati
KALYAN RAI SURANA
[ISSUES] Cause of action, maintainability, limitation, necessary parties, right by partition, validity of sale deed, possession, ... [RATIO DECIDENDI] The court held the suit barred by limitation and lack of evidence of possession. ... Limitation Act - Property Dispute - [FACT OF THE CASE] The appellant claimed absolute title and possession of land, alleging illegal ... Whether the plaintiff has got right, title and interest over the suit land by right of perfect #HL_....
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