📚 LEGAL LEARNING
Partition Suits & Limitation – No Time Bar Unless Adverse Possession Proved
🔹 Key Principle:
A partition suit is not barred by the law of limitation because the right to partition is a continuing right attached to the property.
🔹 Legal Position:
No Fixed Time Limit – The law does not prescribe a specific time period for filing a suit for partition of joint family property or jointly owned property.
Continuous Cause of Action – A co-owner can seek partition at any time.
Exception – Adverse Possession – Only if one co-owner proves uninterrupted hostile possession (openly and to the knowledge of other owners) can limitation apply under Article 65(b) of the Limitation Act, 1963.
🔹 Practical Takeaway:
If you are a co-sharer in joint property, you can demand partition anytime unless someone has clearly established adverse possession against you.
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