Home | Legal Advice | Civil Law Cases | Limitation period for setting aside sale of ancestral property

Limitation period for setting aside sale of ancestral property

Shivendra Pratap Singh



Reading Time:

Question:What is the limitation period for setting aside the sale of the ancestral property? My father sold ancestral property against the consent of my family. I was minor at the time of sale. Can I file any suit for cancellation of that sale deed?

Question from: Uttar Pradesh

If a son, desires to set aside the sale of the ancestral property, he should file a civil suit for cancellation of the sale deed. The limitation period for filing of such suit is twelve years when the buyer takes possession of the property. The limitation period starts from the date when buyer takes possession on the basis of a sale deed.

If the son was a minor at the time of sale, he could file the said suit within three years after attaining the age of eighteen years. According to article 60 of the Indian limitation act, a minor person should file such suit within three years from the date when he attained the age of majority, i.e. age of eighteen years.

The Hindu Minority and Guardianship Act of 1956

If a guardian has appointed by the court for the minor child then his age of majority will consider on twenty-one years. Therefore, he can file the civil suit after attaining the age of twenty-one year.

In your case, you were minor at the time when your mother alienated the ancestral property. Your mother was the guardian so by virtue of section 6 of the Hindu Minority and Guardianship Act. According to it, the mother becomes the natural guardian of minor after the death of his father. Hence, the limitation period for filing such suit is three years from the attaining the age of eighteen years.

Karta has the power to file a civil suit

You said that at the time of alleged alienation your age was twenty years and your younger brother’s age was fifteen years. In this situation, you could file the suit at the time of execution of sale deed.

However, a Karta or managing member of the joint Hindu family has the right to file such a suit. A son becomes Karta of the HUF after attaining the age of majority. Therefore, rights and power of Karta in respect of HUF was vested in you at the time of sale. You mother had no right to sell the joint family property without your consent. Such transfer of property is illegal and void.

You should immediately file such suit because you as a “Karta” has the right to initiate the legal proceeding for setting aside of sale deed.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

Can the tehsildar issue a succession certificate?

Question: Whether Tehsildar is competent authority to issue succession certificate to collect life insurance policy. My father's insurance policy claim is matured and we are the legal heirs to collect that amount. Can the tehsildar issue a succession certificate?...

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.