Legal Question in Real Estate Law in India

Query

My relative tresspassed into my property 3years 6 months back. Is the suit is barred by law of limitation?


Asked on 8/21/08, 12:31 pm

2 Answers from Attorneys

Re: Query

Thanks for referring an important question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

No, your suit is not barred by limitation . you can file suit for possession within 12 years from the date of possession which will be proceeded according to the provisions of Code of Civil Procedure. However limitation for filing suit for possession on the basis of previous possession under the provisions of Specific Relief Act has been expired in your case as it is six months commencing from date of possession.

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Answered on 8/21/08, 1:06 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Query

If your suit is based on title, than limitation would be 12 years.

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Answered on 8/22/08, 3:56 am


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