What is Limitation period for Suits relating to Declaration? Part IV of Limitation Act 1963

Limitation period for Suits relating to Declaration is defined under Part IV of Limitation Act 1963. Provisions under part IV are:

Part IV of Limitation Act "Suits relating to Declaration"

 

 

DESCRIPTION OF SUIT

LIMITATION PERIOD

TIME FROM WHICH PERIOD BEGINS TO RUN
To cancel or set aside an instrument or decree or for the rescission of a contract Three Years When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first becomes known to him.

 
To set aside a transfer of property made by the guardian of a ward

(a) By the ward who has attained majority;

  

 

Three Years

  

When the ward attains majority.
(b) By the ward's legal representative

i. When the ward dies within three years from the date of attaining majority;

When the ward dies before attaining majority

 Three Years

 

 

 

Three Years

  

When the ward attains majority.

 

 

When the ward dies.
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
(b) to recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration.

 

 Twelve years When the transfer becomes known to plaintiff.
(c) to recover surplus collection received by the mortgagee after the mortgage has been satisfied. Three years When the mortgagor reenters on the mortgaged property.