LAW FOR ALL

partition suit - barred by limitation - property belongs to mother - mother died before commencement of Hindu succession Act - as per customary law the daughters only entitled for share in the property of mother - but sons took possession and got partitioned among themselves and perfected their title by adverse possession - after 50 years of partition, the survived daughter and legal heirs of another deceased daughter filed suit for partition - the trial court dismissed the suit as barred by limitation - High court rightly held that the property the daughters alone entitled for share but not sons as per customary law - but negatived the adverse possession also and decreed the suit - Apex court held that the property as held by High court is the property of mother and as such daughters alone entitled for share but not sons as per customary rights - and further held that the sons who have no right in the property occupied and have been enjoying the same for past 50 years so the suit is barred by limitation and set aside the High court order = CIVIL APPEAL NO.352 OF 2009 PANGU ALIAS APPUTTY (DEAD) THROUGH L.Rs.& ORS. … APPELLANTS Versus NARAYANI & ORS. … RESPONDENTS = 2014 - Aug. Part - http://judis.nic.in/supremecourt/filename=41870