The period of limitation for a suit by a person excluded from
a joint family property to enforce a right to share therein is twelve years and
the limitation starts to run from the date when the exclusion becomes known to
the plaintiff.
A suit ‘to enforce a right to a share’ means a
suit to obtain actual possession of a share and under
Article 110 of schedule I of the Limitation Act, suit has to be filed within 12
years by a person excluded from joint family
property to enforce a right therein which time commences when the
exclusion becomes known to the plaintiff. Even if it is the case of the
plaintiff that he was deprived of property of the deceased father by first
defendant is concerned, Article106
of schedule I to the Limitation Act would be attracted.
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106.
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For a legacy or for a share of a residue bequeathed by a testator or
for a distributive share of the property of an intestate against an executor
or an administrator or an administrator or some other person legally charged
with the duty of distributing the estate.
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Twelve years
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When the legacy or share becomes payable or deliverable.
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110.
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By a person excluded from a joint-family property to enforce a right
to share therein.
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Twelve years
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When the exclusion becomes known to the plaintiff.
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The onus is
upon the defendant to prove that the plaintiff has been excluded from the share
of the joint family property and that too for a period of 12 years or more and
to the knowledge of the plaintiff if he wants to succeed in his plea that the
right of the plaintiff has been barred by limitation.
The
limitation under Art. 110 commences to run from the date when the exclusion
becomes known to the plaintiff.