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My father had inherited some ancestral properties from his father.  He has sold one such immovable property when I was minor and utilized the sale proceeds for his visit to USA.  The said sale was done when I was five years old.  Now I have competed 18 years on 15.6.2008. I am the only son to my father.  I want to assert my claim over this ancestral property.  Please advise me suitably.

- by Shanthamurthy, Chitradurga

As per article 109 of the Indian Succession Act, 1963, the limitation period for filing a suit to set aside the sale of ancestral property by the father is twelve years from the date when the purchaser takes possession of the property.  However, the Act provides certain exceptions in case of persons suffering from legal disability. Section 6 of the Act provides  that any person suffering from any legal disability may institute the suit after he is cured by such disability. Minority is a legal disability.  The limitation period starts from the date from which such disability is cured. 

Since you have attained majority on 15.6.2008, you may institute a suit to set aside the sale of the ancestral property by your father within three years from 15.6.2008.  You may consult an advocate and take his advice.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- My father had inherited some ancestral properties from his father. I am the only son of my father. My father has sold the ancestral property when I was minor. The sale proceeds were utilized by my father for his trip to U.S.A. The said sale was done when I was five years old. I have completed 18 years of age on 6/12/2002 and want to assert my claim over the ancestral property. But I was told that I cannot move the court as the limitation of twelve years is over. Please advise, what is the remedy?

Q:- I own a house which is self acquired property purchased out of my earnings. I have two children, a son and daughter. My son is married and is living separately. My daughter is unmarried and is living with me in my house and is taking care of me. I am aged and want that my daughter should get my house but want that the house should be in my possession as long as I am alive. Please advise how to proceed.

Q:- In your August issue, you answered the query of Smt. Kausalya Devi about the devolution of property inherited by a female through her father. I am in similar situation but the property inherited by me is that of my father-in-law. I do not have any children and my husband also expired an year ago. Please advise how my property is devolved?

Q:- Sir, I am a Hindu widow and do not have any children. I have inherited property from my father.  Please inform who will succeed to my inherited property.

Q:- I am a Hindu and have acquired certain immovable properties out of my own income. I do not have any issues. My husband died recently and my parents also expired long back. Please inform who will succeed my acquired property if I do not make a will.