quesProperty taken by cheating in year 1978. Can I take back property now?

My grand father has been cheated by some one and his entire property has been taken by the cheater in 1978. Can I take back the property now?


The property is in Uttar Pradesh.


  • ans


    The law for limitation of suits and other proceedings has been codified in the Limitation Act, 1963.


    Part V of The Schedule of the Act pertains to suits relating to Immovable property. And It states that “For possession of immovable property or any interest therein based on title”, the period of limitation prescribed is 12 years which begins to run when the possession of the defendant becomes adverse to the plaintiff i.e. in your case the limitation period started to run from the day that person cheated your father and took possession of the said property which happened in 1978.


    As a period of more than 35 has elapsed since then and therefore you case would be barred by limitation.


    However we would also like to mention that the Courts have in rare cases condoned the delay in filing a suit where the title holder is able to establish reasonable cause for the delay in filing the suit. One such case was where the owner had established that he was unaware that the possession of the property had been taken. The Court had then stated that the cause of action arose on the day the owner became aware of the adverse possession and the limitation period of twelve years was calculated from that date.


    So if you give us more details regarding your matter, it can be seen whether any reasonable ground can be established for filing an application for condonation of delay.


  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Similar questions

Hi , My father wants to transfer the ownership of the house to me(Daughter) through…

Respected Sir/Madam, We have one property at Bangalore. I am yet to decide abt things.…

My land had been given for development to construction company that means I am the…
I have my fathers property. After my fathers death he transferred this property to three…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly