Limitation Period for Suits Relating to Immovable Property under the Limitation Act, 1963
Part V of the First Division of the Schedule to the Limitation Act, 1963 prescribes limitation periods for specified suits relating to immovable property. Articles 61 to 67 deal with mortgage-related remedies, recovery of possession, title-based claims, forfeiture or breach of condition, and recovery of possession by a landlord from a tenant.
Part V - Suits Relating to Immovable Property: Articles 61 to 67
The following table sets out the prescribed periods and the events from which limitation begins to run under Part V of the Schedule.
| Article | Description of suit | Period of limitation | Time from which period begins to run |
|---|---|---|---|
| 61(a) | By a mortgagor to redeem or recover possession of immovable property mortgaged. | Thirty years | When the right to redeem or to recover possession accrues. |
| 61(b) | By a mortgagor 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 the plaintiff. |
| 61(c) | By a mortgagor to recover surplus collections received by the mortgagee after the mortgage has been satisfied. | Three years | When the mortgagor re-enters on the mortgaged property. |
| 62 | To enforce payment of money secured by a mortgage or otherwise charged upon immovable property. | Twelve years | When the money sued for becomes due. |
| 63(a) | By a mortgagee for foreclosure. | Thirty years | When the money secured by the mortgage becomes due. |
| 63(b) | By a mortgagee for possession of immovable property mortgaged. | Twelve years | When the mortgagee becomes entitled to possession. |
| 64 | For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession has been dispossessed. | Twelve years | The date of dispossession. |
| 65 | For possession of immovable property or any interest therein based on title. | Twelve years | When the possession of the defendant becomes adverse to the plaintiff. |
| 66 | For possession of immovable property when the plaintiff has become entitled to possession by reason of forfeiture or breach of condition. | Twelve years | When the forfeiture is incurred or the condition is broken. |
| 67 | By a landlord to recover possession from a tenant. | Twelve years | When the tenancy is determined. |
Article 65: Suits for Possession Based on Title
Article 65 applies to a suit for possession of immovable property, or an interest in it, where the claim is based on title. The prescribed period is twelve years and begins when the defendant's possession becomes adverse to the plaintiff.
The Explanation to Article 65 contains special rules for determining when possession is treated as adverse in certain cases, including claims by a remainderman, reversioner or devisee; specified claims arising on the death of a Hindu or Muslim female; and a purchaser at a sale in execution of a decree where the judgment-debtor was out of possession on the date of sale.
How the Limitation Act Operates
The Schedule must be read with the operative provisions of the Limitation Act, 1963. Section 3 deals with the bar of limitation. Sections 4 to 24 contain rules that may affect computation in appropriate cases, including court closure, legal disability, exclusion of specified periods, fraud or mistake, acknowledgment in writing, and payment on account of debt or interest. The applicable article and starting point depend on the nature of the relief and the facts giving rise to the cause of action.
Official Text and Legal Reference
For authoritative statutory text and amendments, refer to the official Government of India sources linked in the sidebar. The exact article applicable to a property dispute should be identified from the pleaded right, relief claimed and the date on which the relevant right to sue accrued.
This page is a general legal reference and does not substitute for advice on the facts of a particular case.