Anuj Kathuria 07 July 2025

Property dispute (limitation act 1963, section 6 & 8)

Respected sir/ma'am here under is my query

O = Owner
M = Owner's Mother
L = Licensee
Q = Question

1. There is a property whose owner (O) was a minor as per a codicil which was written in 2001.
2. O had two guardians his mother & his grandmother who allowed O's chacha (L) to stay with his (L's) family from 2007 onwards on a separate portion of the said property on the basis of an oral license (no written agreement) without paying any rent.
3. The testator died in 2010.
4. L has been staying peacefully (no dispute or adverse possession claim) with permission of O's guardians since 2007.
5. O turned major in 2017.
6. O gifted his property to his mother (M) in Jan 2023.
7. M revoked the license of L in Feb 2024 via a written legal notice
8. L has denied to leave

Q1: Now is the Indian Limitation act 1963 Section 6 & 8 applicable in
1. Case for title
2. Or Case for decree
3. Or Case for possession

Q2: Considering O turned 21 in 2020 & the limitation act 1963 section 8, did O extinguished his right to
1. Revoke a license after 2020, even though L was just a licensee whose license could have been revoked anytime
2. File a case for possession in 2020, even though L was just a licensee whose license could have been revoked anytime

Q3: Since O neither revoked L's oral license nor filled a possession suit, hence are O's right to revoke a license & file a suit for possession already extinguished before he gifted the said property to M ?

Q4: If yes to the above question then can M file a case for possession with an extinguished right or she get fresh rights to sue ?

Q5: Did the cause action arose in
1. 2007 when minor's guardian allowed L to stay in the said property as a licensee)
2. Or 2010 when testator died
3. Or when M revoked L's license in 2024 by a legal notice to which which L denied with his own legal notice to M saying that L ahs already been living under an oral partition. As L claims oral partition & denies licensee theory but has no solid proof to prove oral partition of said property

Please correlate with the Judgement: Gujarat High Court
Ramanbhai Shamalbhai Patel Heirs Of vs Ravjibhai Motibhai Patel & 4 on 30 June, 2014
Author: N.V.Anjaria Bench: N.V.Anjaria from https://indiankanoon.org/doc/139155932/

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4 Replies

R.K Nanda (Advocate) 07 July 2025

Take help of local lawyer for proper legal guidance as your case is complicated one.

Anuj Kathuria 07 July 2025

Thanks R.K Nanda Sir

T. Kalaiselvan, Advocate (Advocate) 07 July 2025

1.The title was transferred to O's mother by a registered gift deed hence she becomes the absolute owner, therefore there is no necessity to file a title declaration suit, instead she can file a suit for eviction against the L..

2. Even though O became major and did not ask the L to vacate, it implies that he has recognised the L as his tenant on an oral agreement, therefore there is no reason to compel him to take possession from L when the L is permitted to possess the licensed property.

3. O's right to evict L has not extinguished, he had title to the property hence ther transfer of his property to his mother is valid, therefore as the absolute owner fo the property, his mother has all rights to evict L for the reasons she may rely upon in the evitcion suit.

4. Not necessary.

5. Cause of action arose on the date M had issued an eviction notice to L to vacate the premises and deliver vacant possession.

You can get the judgement corelated through your lawyer for proper opinion based on the documents in your possession for all such further issues.