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Q.

What are the Limitation for Declaration of Sale Deed as Null and Void?

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A suit limitation for declaration of sale deed as null and void faces stringent limitation constraints under the Limitation Act, 1963. When the right to sue initially arises, this time frame begins. I have shared more details about it below for your reference.

What is the Limitation to Challenge a Sale Deed Void?

Article 58 applies where the primary relief sought is a declaratory decree, i.e., a declaration that the sale deed is void. In such cases, the limitation period is three years from the date the right to sue first accrues.

  1. Similarly, if cancellation of the deed is the main relief, Article 59 mandates a three‑year limitation from when the plaintiff became aware of the deed or facts entitling them to challenge it.

  2. Even if possession claims are present, limitation runs from the earliest relief, cancellation, and cannot be extended by Article 65’s 12‑year period intended for adverse possession or possession‑based suits.

  3. If the sale deed is void, for example, executed by someone deceased or without any authority, it may be treated as void from the outset, and limitation may not apply or be significantly different.

  4. For voidable deeds (due to fraud, undue influence, or misrepresentation), limitation applies under Articles 58 or 59, and the plaintiff must file within three years of knowledge.

I would suggest you better contact a lawyer to challenge a sale deed correctly.

Contact Senior Advocates from NoBroker to Get Informed of Your Rights and Obligations Regarding Sale Deed Declaration.


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