Limitation for daughter’s claim in ancestral property
Veer Joon
(Querist) 07 October 2026
This query is : Open
There is ancestral/coparcenary agricultural land in Haryana. A father was the Karta and 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 of this Case?
