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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:- 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 brothers, orally partitioned the partition. 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 brothers are in good terms with each other.

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I was brought up by my aunt (the sister of my father). She was a Government employee who had availed loan from her department to construct a house. The loan is repaid in full from her salary. Out of her love and affection; she has bequeathed her house to me by will, which is registered. She has two sons who have abandoned her and I am looking after her. My husband wants to add another floor to the said house for which my aunt has orally consented. Please advise; whether her sons can claim their shares in the house which is bequeathed to me? Whether my husband can add another floor to the existing house?           

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

Q:- My friend, a bachelor, bought a bungalow and left for Amarnath on a pilgrimage. Before leaving, he handed over to me for safe custody among other thing his house documents and the bungalow keys. Unfortunately, he died in a landslide en route. He has no relatives or legal heirs nor has made any Will. I do not know what to do with his possessions.