Limitation act

Hello,

​​​​​​Greetings of the day,

​​​​​​In answer to the query you posted:

​​​​​​Section 27 of the Limitation Act destroys a person's right to property if, he does not file a suit for its possession within the period prescribed.

Generally, the limitation period of filing for possession of property is twelve years. Since, it is stated here that it has already been 16 years, there are very less chances of succeeding in the suit.

However, one provision contained in the Act could aid the beneficiary:

Section 5 of the Act- This Section provides for extension of time in certain cases. The applicant must satisfy the Court that he had reasonable cause for not filing within the limitation period.

If he has sufficient reasons for not discovering about the will because of which he was unable to file the suit within the limitation period, then he may succeed in the suit for possession along with the claim for mesne profits.

Hope this helps!

Regards,

Umamageswari Maruthappan

Law Student

​​​​​

What is the cause of action for claiming mesne profits? Were the other co-occupants deriving any profits from the property? How was the property being utilised?

Please post complete facts.