Can legal heir still claim possession if suit is time-barred?
My grandfather, who passed away in 2023, was forcibly dispossessed from the property in 2006. Thereafter, in 2011, during the pendency of a suit for injunction filed in 2006, the opposite party allegedly created a fake partnership claim regarding the property. During his lifetime, my grandfather did not file any amendment application or seek relief of possession in the pending suit. I have been continuing the suit as his legal heir since 2023. The advocate for the opposite party is now arguing that any claim for possession is barred by limitation. In these circumstances, can possession still be claimed, or is the relief now time-barred?
Dear Client, A suit for possession based on prior possession or title is governed by Article 64 and Article 65 of the Limitation Act, 1963, which prescribe 12 years from dispossession or when possession becomes adverse. A new possession claim becomes prima facie time-barred because 12 years have passed since the 2006 dispossession unless limitation laws provide an exception. You can file an amendment request to the original 2006 lawsuit through Order VI Rule 17 of the Code of Civil Procedure 1908 to add possession claims because the case is still active. The relation back doctrine can be presented to the court which will decide based on existing conditions without causing harm to others.
If your grandfather lost possession in 2006, the other side may argue the possession claim is time-barred. But since the case is already pending from 2006, you may still try to amend the suit and add relief for possession, declaration, and cancellation of fake documents. If fraud was discovered later, limitation may extend. You should act quickly through an experienced property lawyer. For further legal assistance contact us on our helpline number.
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