3 Answers
Dear client,
Firstly, under the Limitation Act, 1963, excluded legal heirs have 3 years from the date they discover the deception to challenge a fraudulent partition (Section 17/Article 59). Moreover, an excluded co-sharer has up to 12 years from the date they become aware of their exclusion from joint family property to enforce their share (Article 110).
If the partition suit is currently pending, file an Impleadment Application under Order 1, Rule 10 CPC to be added as necessary parties. Because all co-sharers are mandatory parties in ancestral property disputes, no valid partition decree can be passed without including you. Once impleaded, submit your written statement claiming your share.
Lastly, if a decree has already been passed, file a Recall Application under Section 151 CPC to set it aside for fraud on the court, or institute a fresh civil suit under Section 44 of the Indian Evidence Act to declare it void. Simultaneously, apply for an interim injunction under Order 39 CPC to legally stop any sale, mortgage, or transfer of the property.
I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.
Dear Client,
I understand your legal query, based on your legal issue, I suggest you my legal opinion. The limitation period of the barred members of the ancestral property entirely depends on the stage of the suit. If the Suit is ongoing then the members can file the impleadment application before the concerned Court under Order 1 Rule 10 to including the excluded members as Necessary Parties.
If the Ex-parte Decree is passed then within 30 days of discovery of such exclusion the members can file the application under Article 123 of The Constitution of India,1950
If the Final Decree is already passed then you can file an application within 3 years after the decree is passed under Section 56 and 59 of the Limitation Act.
Hope this answer helps!
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OLQ LAW FIRM
Dear Client,
Where certain co-sharers were excluded from a partition through fraud or deception, the general limitation principle is three years from the date the fraud is discovered, under Article 59 of the Limitation Act, 1963, applicable to suits for setting aside a decree or instrument obtained by fraud. Since fraud vitiates even a court decree, courts have consistently held that a partition tainted by fraud does not bind the defrauded parties, though relief must still be sought within a reasonable time of discovery rather than indefinitely.
Procedurally, if the partition suit is still pending, the excluded members should apply to be impleaded as necessary parties and challenge the fraudulent exclusion within that same proceeding. In case a partition decree has already been made, then there can be two courses which can be followed:
1. Order 47 CPC, review petition (if still within the time limit of review)
2. Appeal (if limitation period for appeal is not over yet), and
3. Filing a new suit for declaration of the decree or partition as null and void in respect of the fraudulently defrauded co-sharers with a prayer for re-partition of their share.
The facts about the deceit shall be an essential part of the case.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.