Limitation for daughter’s claim in ancestral property

Veer Joon (Querist) 07 October 2026 This query is : Resolved
There is ancestral/coparcenary agricultural land in Haryana. A father was a the Karta of the ancestral land. He had 2 sons and 2 daughters. In January 2021, the father executed a registered Release Deed transferring the entire land to his two sons equally. The daughters were not asked for consent and did not sign the deed. The deed mentions that the daughters are married and do not need anything.

The daughter now wants to file a suit for:

Declaration of her coparcenary rights;
Declaration that the 2021 Release Deed is not binding on her share;
Partition and separate possession of her share.

My question is: Will the 3-year limitation under Article 59 of the Limitation Act apply because she is challenging the Release Deed, or can she get the 12-year limitation under Article 109/110 of the Limitation Act because this is ancestral/coparcenary property and she was excluded from her share? What is the Limitation Period in this Case?

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A daughter is seeking to claim her share of ancestral agricultural land in Haryana. Her father executed a Release Deed in 2021, transferring the entire land to his two sons without her consent. She wishes to file a suit to declare her coparcenary rights, invalidate the deed concerning her share, and obtain partition and possession. The key question is whether the 3-year limitation period for challenging the deed applies, or if the 12-year limitation for ancestral property exclusion is relevant, given her birthright as a coparcener after the 2005 amendment.

kavksatyanarayana (Expert) 07 October 2026
The daughter has a right in the ancestral property as per HS Act, 1956 and amended in 2005. So she can now file a suit for her share, as there is a time limit of 12 years as per the Limitation Act.

Veer Joon (Querist) 07 October 2026
Thank you for the clarification Mr. Kavksatyanarayana sir, We are a Hindu Family. My Nana inherited the ancestral land from my grand father , great great grandfather's, It is ancestral in nature. In January 2021, He executed a release deed in favor of his sons (My Mama), and did not tell my mother, although she was the one only taking care of them not sons.
She was very disappointed.
She is thinking of filing a suit that the release deed is not binding to her share, as she is coparcenary by birth after 2005 amendment, declaration , partition, possession.

We consulted many lawyers in the city, Some says that the limitation was 3 years from January 2021, some says that you have ample of time, the limitation is 12 years from 2021.

Are you sure sir, the limitation is 12 years, and we can file the case anytime until 2031?

Please clarify sir, thank you for your time.

kavksatyanarayana (Expert) 08 October 2026
The limitation period for partition suits is 12 years.

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