Legal Advice

Limitation period for setting aside sale of ancestral property

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?

Advise

In India, ancestral property holds a special significance for Hindus. It is often passed down through generations and is considered a symbol of family heritage. However, there may be situations where a family member may sell the ancestral property without the consent of other family members. In such cases, the affected family members may want to challenge the sale and get the property back. One of the ways to do this is by filing a civil suit.

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

However, if the son was a minor at the time of sale, he can file the suit within three years after attaining the age of eighteen years. Article 60 of the Indian Limitation Act states that a minor person should file such a suit within three years from the date when he attains the age of majority, which is eighteen years.

In cases where a guardian has been appointed by the court for the minor child, his age of majority will be considered twenty-one years. Therefore, he can file the civil suit within three years after attaining the age of twenty-one years.

Shivendra Pratap Singh

Advocate

High Court Lucknow