hi sir , suit combining title declaration , boundaries rectification, and recovery of possession all relief prayed in same suit , based on fraud the applicable period of limitation is 3 or 12 years. please let me know
Ravi rao (Private ) 20 August 2025
hi sir , suit combining title declaration , boundaries rectification, and recovery of possession all relief prayed in same suit , based on fraud the applicable period of limitation is 3 or 12 years. please let me know
Akshoy Ghosal 20 August 2025
Usually, the limitation period is three years from the date of knowledge of fraud to set aside an instrument or decree where a fraud was committed.
Ravi rao (Private ) 20 August 2025
Hi sir if title and pocession and rectification. The limitation is 12 or 3 years. Since title plus pocession is 12 years
Akshoy Ghosal 20 August 2025
The limitation period is 12 years for recovery of possession.
After 12 years of openly hostile possession, the law of adverse possession comes into play.
However, the law is complicated.
It depends on what exactly the issue is. Is there a mismatch between what you wanted to buy and what was sold to you? In that case, the entire transaction may be null and void and the Court may be lenient in condoning the delay. It may be treated as VOID AB INITIO.
A correct advice can be given only after studying all the papers and understanding the problem properly.
An application for condonation of delay can be filed requesting the Court to condone the delay in filing the suit.
First, try to understand and define the problem what exactly it is.
T. Kalaiselvan, Advocate (Advocate) 20 August 2025
From a plain reading of the said Article, it is made clear that a suit filed for recovery of possession based on title should be filed within a period of 12 years when possession of the defendant becomes adverse to the plaintiff concerned
Ravi rao (Private ) 21 August 2025
2007, the landlord sold the property, but instead of showing the correct land, he showed a different parcel with wrong boundaries. We filed a police complaint in 2019, and in September 2023 a survey report revealed the true boundaries. We have filed a suit combining reliefs of title declaration, boundary rectification, and recovery of possession, all prayed for in the same suit, on the ground of fraud. Please clarify whether the applicable period of limitation 3 years or 12 years if all the 3 relief are prayed.
Since rectification of boundaries the limitation is 3 years and 12 years for pocession and titles declaration. So it 3 years or 12 years for all relief
Kihusu Dethro 21 August 2025
Under Article 65 of the Limitation Act, 1963, the limitation period for a suit for recovery of possession of immovable property is twelve years from the date the possession of the defendant becomes adverse to the plaintiff.
When the relief of recovery of possession is combined with other reliefs which have a shorter limitation period, then the limitation period will be the shorter limitation period.
As an example, if a suit is filed for two reliefs such as cancellation of sale deed and recovery of possession, then the limitation period will be three years only, because the limitation period for cancellation of sale deed is three years only.
There is no need to despair because you can always file an application for condonation of delay giving appropriate reasons. It is likely that the Court may be lenient to you.
By the regstered sale deed, you became owner of the land transferred to you in the sale deed. Is this land in your possession or not?
Of which land do you want to recover possession?
If your claim is that you wanted to buy some other land which is different from the land described in the sale deed, then it is questionable whether recovery of possession is the right remedy.
Please make sure whether the remedy you want to pursue is right.
Based on the facts provided by you in your posts, there is a possibility that recovery of possession may not be the right remedy.
You can recover possession of the land belonging to you. You cannot recover possession of land which does not belong to you.
N.K.Assumi (Advocate) 22 August 2025
A dispute for possession on the basis of the title is 12 years.
R.K Nanda (Advocate) 23 August 2025
It's 12 years.
Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh ) 26 August 2025
Fraud in case of immovable property has a deep meaning you need to be more precise in terms of what has actually happened if that's a peaceful possession for continuous 12 years then that won't be easy to fight but however If we could explain court of the legit reason for the delay the court may condone it . If fraud is in the form of specific performance of contract it's 3 years from the date you you got to know about that fraud.