Key takeaway
Living abroad does not stop time running. Some claims have no fixed deadline while joint ownership continues, but others — challenging a sale deed, seeking a declaration, or recovering after being excluded — must be brought within fixed periods. Take advice as soon as you learn of a problem.
The key periods
- Partition between co-owners — while co-ownership continues, the right to seek partition generally continues; possession of one co-owner is usually treated as possession on behalf of all.
- Exclusion from joint family property — 12 years from when the exclusion becomes known to you (Article 110).
- Possession based on title — 12 years from when the other person’s possession becomes adverse to you (Article 65).
- Declaration — generally 3 years from when the right to sue first accrues (Article 58).
- Cancelling a document such as a sale deed — generally 3 years from when you first learn the facts entitling you to have it set aside (Article 59).
Fraud and late discovery
Where a claim is based on fraud, or a document was concealed by fraud, limitation generally runs from when the fraud was discovered or could with reasonable diligence have been discovered (Section 17).
Delay cannot be excused for suits
Section 5 of the Limitation Act, which allows delay to be condoned, does not apply to suits. A suit filed after the period is generally dismissed, even if you lived abroad.
Practical steps
- Note the date you first learned of any sale, exclusion or adverse claim.
- Get certified copies of documents and records quickly.
- Send a written notice asserting your share.
- File the appropriate suit well within time.
Common mistakes
- Assuming living abroad pauses the clock.
- Waiting for relatives to “sort it out” for years.
- Ignoring a sale deed because it “can’t be valid”.
Frequently asked questions
Is there a deadline to claim partition?
Not while joint ownership continues, but exclusion or adverse claims start the clock.
A relative sold the property years ago. Is it too late?
It depends on when you learned of it and the nature of your claim — take advice promptly.
Does inheritance law change the time limits?
The limitation periods come from the Limitation Act; inheritance law decides who has a share.
Related LegalCops services
References
- Limitation Act, 1963 — Sections 3, 5, 17, 27; Articles 58, 59, 65, 110
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
