What is the limitation of property dispute?

Answered by

A Agarwalla & Co.

Published At May 27, 2024

Answer

In India, the limitation period for property disputes is governed by the Limitation Act, 1963. Specifically, for suits related to immovable property, Article 65 of Schedule I of the Limitation Act prescribes a limitation period of 12 years. This period is counted from the point at which the possession of the property becomes adverse to the plaintiff, meaning the rightful owner must file a suit to reclaim the property within 12 years of being dispossessed or the possession becoming hostile​​.

The rationale behind such limitation periods is to ensure the timely resolution of disputes and to prevent the misuse of legal remedies by barring claims that are delayed excessively without valid reasons. The Act also includes provisions under Sections 4 to 24 that can affect the computation of this period, such as exclusions for certain situations and extensions in cases of legal disability or fraud​​.

Therefore, it is crucial for property owners to be vigilant about their property rights and take legal action with the help of the best property dispute lawyer in India promptly to avoid their claims being barred by the statute of limitations.