► Hello everyone,
There is a Hindu ancestral/coparcenary property (HUF) situated in Haryana, which was inherited by my maternal grandfather from his father and earlier ancestors. He was acting as the Karta of the joint Hindu family.
My maternal grandfather has four children—two sons and two daughters (all married). In December 2022, he transferred the entire ancestral property in favour of his two sons through revenue records/mutation, without the knowledge or consent of the daughters. The daughters were never informed about this transfer, and there was no legal necessity or family consent for the same.
The daughters (my mother and my maternal aunt) came to know about this transfer for the first time in September 2025. Immediately thereafter, they obtained certified copies of the jamabandi, girdawari, mutation, and other relevant revenue records, which confirmed the transfer.
They now intend to file a civil suit seeking a declaration that the transfer is illegal, null and void, and not binding on their coparcenary rights, along with consequential reliefs.
My legal queries are:
1. What is the applicable limitation period for filing a suit to challenge and set aside such a transfer of ancestral/coparcenary property by the Karta?
2. Will the limitation period be computed from the date of the transfer/mutation in December 2022, or from the date of knowledge/discovery of the transfer in September 2025, considering that the transfer was made without notice to the daughters?
11 views
1 answer
1 Answer
Dec 16, 2025
Dear Sir,
Daughters are coparceners by birth under Section 6, Hindu Succession Act (post-2005)
Karta cannot alienate entire coparcenary property without:
Legal necessity, or
Benefit of estate, or
Consent of all coparceners
Transfer of entire property in favour of only two sons is prima facie voidable
4. Practical and strategic answer to your queries
Answer to Query 1
Limitation period: 12 years
Applicable provision: Article 109, Limitation Act, 1963
Answer to Query 2
Limitation does NOT compulsorily run from December 2022
It will be computed from:
The date of exclusive possession by alienees, OR
September 2025 (date of knowledge), invoking Section 17 due to concealment
Either way, the suit filed now is well within limitation.
Log in as a legal professional to answer this question.