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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?

- by Yellappa Reddy, Tumkur

The limitation period for 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 as per article 109 of the Indian Succession Act 1963.

However, the Act provides certain exceptions in case of persons suffering from legal disability. Minority is a legal disability. Section 6 of the Act stipulates; that any person suffering from any legal disability, may institute the suit after he is cured by such disability. The limitation period starts from the date from which such disability is cured. Since you have attained majority on 06/12/2002, you may institute a suit to set aside the sale of the ancestral property by your father within three years from 06/12/2000. Please consult an advocate and proceed.


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.  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.

Q:- I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through another Will, which is not registered. Is this valid?

Q:- My husband died leaving behind him, my child and me. I depend on the income from my husband’s property. Now, my mother-in-law is asking for a share in the property. She has other income. Is she entitled to a share in my husband's property?

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three broth¬ers, orally partitioned the parti¬tion. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three broth¬ers are in good terms with each other.

Q:- I have converted from Hinduism to Christianity. Will change of religion affect my succession to the property of my Hindu parents?