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What is Limitation period for Suits relating to Immovable Property? Part V of Limitation Act 1963

Limitation period for Suits relating to Immovable Property is defined under Part V of Limitation Act 1963. Provisions under part V are:

Part V of Limitation Act "Suits relating to Immovable Property"

 

 

DESCRIPTION OF SUIT

LIMITATION PERIOD

TIME FROM WHICH PERIOD BEGINS TO RUN
To enforce payment of money secured by a mortgage or otherwise charged upon immovable property. Twelve Years When the money sued for becomes due.

 
By a mortgage

(a) for foreclosure;

 

(b) for possession of immovable property mortgaged.

 Thirty years

 

Twelve Years

 When the money secured by the mortgage becomes due.

When the mortgagee becomes entitled to possession.
For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed.

 

 Twelve years The date of dispossession.
By a mortgagor

(a) to redeem or recover, possession of immovable property mortgaged;

 

 Thirty years When the right to redeem or to recover possession accrues
For possession of immovable property or any interest therein based on title.

Explanation - for the purposes of this article -

(a) Where the suit is by a remainder-man, a reversionary (other than a landlord); or a devisee the possession of the defendant shall be deemed to become adverse only when the estate of the remainder man, reversionary or devisee, as the case may be falls into possession;

(b) Where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female the possession of the defendant shall be deemed to become adverse only when the female dies.

(c) Where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession.

 Twelve years When the possession of the defendant becomes adverse to the plaintiff.
For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition. Twelve years When the forfeiture is incurred or the condition is broken.
By a landlord to recover possession from a tenant Twelve years When the tenancy is determined.

 

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