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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.


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Q:- I am given to understand that my paternal uncle has bequeathed his house in Bangalore to me through a Will. But, my uncle has not confirmed this and the Will which is registered is kept in safe custody by my uncle. Though I have applied for a certified copy of the Will, the registrar refused to provide me a copy. Please inform how can I get a copy?