Nature of grievance

SUIT BY A PERSON EXCLUDED FROM A JOINT-FAMILY PROPERTY TO ENFORCE A RIGHT TO SHARE THEREIN: Where a person is entitled to a Share in a joint-family property, is excluded, he may file a Suit to claim his Share, within 12 years, from when the exclusion becomes known to the plaintiff, under Article 110.

Under the law, broadly, three distinct actions lie in respect of an immovable property, namely – (a) When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy; (b) Where a person claims title or interest, but he is out of possession, he has to sue for possession and consequential injunction, may be alongwith declaration to his title or interest; (c) Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, or where there is a frustration or interference in the free and full enjoyment of the property, it is sufficient to sue for an injunction simpliciter