NARAYAN versus BABASAHEB & ORS.

NARAYAN versus BABASAHEB & ORS.

Limitation for suit challenging transfer of immovable property by guardian is three years from date of attaining majority under Article 60 of Limitation Act, 1963. Suit filed in 1989 was within limitation for plaintiff who attained majority within three years; Articles 109, 110, or 113 do not apply.

Parties
Appellant: Narayan; Respondents: Babasaheb & Ors.
Jurisdiction
India
Judgment Date
05 April 2016
Procedural Posture
Civil Appeal / Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Partition, Hindu Minority and Guardianship, Limitation, Alienation of Property by Guardian
Limitation Law Family Law Partition Hindu Minority and Guardianship Limitation Alienation of Property by Guardian

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Parties

Narayan

Appellant

Babasaheb & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the suit filed in 1989 challenging the sale deed dated 20.01.1982 is within limitation under the Limitation Act, 1963
  2. 2 Which Article of the Limitation Act applies to alienation by mother/guardian for partition and recovery of possession

Ratio Decidendi

Limitation for suit challenging transfer of immovable property by guardian is three years from date of attaining majority under Article 60 of Limitation Act, 1963. Suit filed in 1989 was within limitation for plaintiff who attained majority within three years; Articles 109, 110, or 113 do not apply.

Court Disposition

Appeal dismissed

Orders

  • Suit is within limitation as per Article 60 of Limitation Act, 1963
  • High Court judgment and decree confirmed