Legal Question in Civil Rights Law in India
A married woman died in 1980, leaving behind a self acquire dwelling house intestate and one of the 6 heirs filed a suit for partition in 1984. One daughter was proceeded ex parte in 1985. Now in 2013 she has filed a suit for partition after being proceeded ex parte 28 years back.
Is this suit maintainable?
What is the limitation of time in such cases?
1 Answer from Attorneys
10.08.2013
Dear Sir / Madam,
No, the suit is not maintainable since the daughter ought to have attended court proceedings in 1985. The time limit for appeals was limited to maximum eight years from the date of judgement for those High Court and Supreme Court cases decided in or prior to 1995, which time limit has since thereafter been reduced to maximum three years from the date of judgement.
Regards,
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