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.