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 will of my family. I was minor at the time of sale. Can I file any suit for cancellation of that sale deed?

Question asked on 18/02/2017

Answered by: Advocate Shivendra

If a son, desires to set aside the sale of the ancestral property, he can file a suit for setting aside the transfer within three years from the date of sale. 

If he was a minor at that time, he could file the said suit within three years from the date when he got the age of majority. 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 if no guardian appointed.

If the court appointed a guardian, then 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. In your case appointment of a guardian was not necessary because the mother becomes the natural guardian of minor after the death of his father. Hence, the limitation period for filing of a suit for setting aside of sale deed is of three years when you attained the age of eighteen years.

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 can file such suit after attainment of the age of majority. 

However, a Karta or managing member of the joint Hindu family has the right to file such a suit. You became Karta of the HUF after attaining the age of majority. Therefore, you can present such suit within three years from the date of achieving the age of majority.

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

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Shivendra Pratap Singh

Advocate, Lucknow

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