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The Punjab Limitation (Custom) Act, 1920
Punjab Act No. 1 of 1920
pu357
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LEGISLATIVE HISTORY 6 |
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Object & Reasons6 |
"Alienation" includes any testamentary disposition of property.
"Appointment of an heir" includes any adoption made or purporting to be made according to custom.
4. Savings. - This Act shall not affect any suit pending in any court on the date on which this Act comes into force. 5. Dismissal of suits of the descriptions specified in the Act if instituted after the period of limitation therein prescribed has expired. - Subject to the provisions contained in sections 4 to 25 (inclusive), of the Indian Limitation Act, 1908, and notwithstanding anything to the contrary contained in the first schedule of the said Act, every suit, of any description specified in the schedule annexed to this Act, instituted after the period of limitation prescribed therefor in the schedule shall be dismissed, although limitation has not been set up as a defence. 6. Provision for suits for which the period prescribed is shorter than that prescribed by the Indian Limitation Act or the Punjab Limitation Act. - Notwithstanding anything herein contained, any suit for which the period of limitation prescribed by this Act is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, or by the Punjab Limitation (Ancestral Land Alienation) Act, 1900, may be instituted within the period of one year next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, or by the Punjab Limitation (Ancestral Land Alienation) Act, 1900, whichever period expires first. 7. Limitation on suits for possession where no declaratory decree has been obtained. - Subject to the provisions of section 6 -(a) No suit for the possession of ancestral immovable property on the ground that an alienation of such property or the appointment of an heir is not binding on the plaintiff according to custom shall lie if a suit for a declaration that the alienation or appointment of an heir is not so binding would be time-barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule.
(b) No suit for the possession of ancestral immovable property by a plaintiff on the ground that he is an heir appointed in accordance with custom entitled thereto shall lie if a suit for a declaration that his alleged appointment as heir was validly made according to custom would be time-barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule.
8. Benefit of declaratory decree. - When any person obtains a decree declaring that an alienation of ancestral immoveable property or the appointment of an heir is not binding on him according to custom, the decree shall enure for the benefit of all persons entitled to impeach the alienation or the appointment of an heir.Schedule
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Description of suit |
Period of limitation |
Time from which period begins to run |
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1. A suit for a declaration that an alienation of ancestral immovable property will not, according to custom, be binding on the plaintiff after the death of the alien or (if the alien or is a female) after her death or forfeiture of her interest in the property |
6 years |
Firstly :- If the alienation is by a registered deed,
the date of registration of such deed. |
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2. A suit for possession of ancestral immovable property which has been alienated on the ground that the alienation is not binding on the plaintiff according to custom - |
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(a) if no declaratory decree of the nature referred to in Article 1 is obtained |
6 years |
As above |
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(b) if such declaratory decree is obtained |
3 years |
The date on which the right to sue accrues or the date on which the declaratory decree is obtained, whichever is later. |
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3. A suit for a declaration that an alleged appointment of an heir is invalid as being opposed to custom or in fact never took place |
6 years |
The date on which the alleged appointment of an heir becomes known to the plaintiff. |
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4. A suit for possession of ancestral immovable property on the ground that an appointment of an heir is invalid or never in fact took place - |
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(a) if no declaratory decree of the nature referred to in Article 3 is obtained ; |
6 years |
The date on which the alleged appointment of an heir becomes known to the plaintiff. |
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(b) if such declaratory decree is obtained |
3 years |
The date on which the right to sue accrues, or the date on which the declaratory decree is obtained, whichever is later. |
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5. A suit for a declaration that an alleged appointment of an heir was validly made according to custom |
6 years |
The date when the rights of the alleged appointed heir are interfered with. |
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6. A suit for possession of ancestral immovable property by a plaintiff on the ground that he is an heir appointed in accordance with custom entitled thereto - |
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(a) if no declaratory decree of the nature referred to in Article 5 is obtained; |
6 years |
The date when his rights as such heir are interfered with. |
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(b) if such declaratory decree is obtained |
3 years |
The date of the death of the person making the appointment or if (such person is a female) of her death or of the forfeiture of his interest in the property or the date on which the declaratory decree is obtained, whichever is later. |
