Articles 106 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Succession and family property disputes can lie dormant for years before someone files a suit. Articles 106 to 110 of the Schedule to the Limitation Act, 1963 give twelve years for five such suits: a legacy or distributive share, a hereditary office, an alienation by a Hindu or Muslim female, a father's alienation of ancestral property under Mitakshara law, and exclusion from joint family property. The starting point is different in each.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
Each of Articles 106 to 110 gives twelve years. A legacy or share runs from when it becomes payable or deliverable (106). A hereditary office runs from when the defendant takes possession of it adversely (107). A suit against a female's alienation runs from the date of the alienation (108), a son's suit against his father's alienation from when the alienee takes possession (109), and a suit by a person excluded from joint family property from when the exclusion becomes known to him (110).
Where these Articles sit
Articles 106 to 110 are in the First Division (suits), Part IX (suits relating to miscellaneous matters). They are personal-law and succession suits, and the Act fixes only the time; the substantive rights come from other laws. If you are weighing a family property claim, a legal consultation before the twelve years run is worth having. Our guide to how the Schedule is laid out explains the three columns.
Copied as printed:
| Article | Description of suit | Period of limitation | Time from which period begins to run |
|---|---|---|---|
| 106 | For a legacy or for a share of a residur bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate. | Twelve years. | When the legacy or share becomes payable or deliverable. |
| 107 | For possession of a hereditary office. | Twelve years. | When the defendant takes possession of the office adversely to the plaintiff. |
| 108 | Suit during the life of a Hindu or Muslim female by a Hindu or Muslim who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her re-marriage. | Twelve years. | The date of the alienation. |
| 109 | By a Hindu governed by Mitakshara law to set aside his father's alienation of ancestral property. | Twelve years. | When the alienee takes possession of the property. |
| 110 | By a person excluded from a joint family property to enforce a right to share therein. | Twelve years. | When the exclusion becomes known to the plaintiff. |
Article 107 carries an Explanation in its first column: "A hereditary office is possessed when the properties thereof are usually received, or (if there are no properties) when the duties thereof are usually performed." The print has "residur" in Article 106, where "residue" is plainly meant.
Article by Article with dates
Under section 12(1), the day from which the period is reckoned is excluded. Twelve years from a date end on the same date twelve years later.
Article 106: legacy, residue or intestate share. The suit is against an executor, an administrator or some other person legally charged with the duty of distributing the estate. The period starts "when the legacy or share becomes payable or deliverable". If a legacy became payable on 31 December 2022, the twelve years end on 31 December 2034. The Act does not say when a legacy becomes payable in a given will; the will and the law of succession decide that. For a suit to compel a refund by a person to whom an executor or administrator has paid a legacy, see Article 46 in our article on Articles 42 to 46.
Article 107: hereditary office. The period starts "when the defendant takes possession of the office adversely to the plaintiff". The Explanation says when an office is possessed. If a defendant takes possession of the office adversely on 5 February 2018, and the properties of the office are usually received by him from then, the twelve years end on 5 February 2030. Section 16 of the Act separately deals with the death of a person before the right to sue accrues, and its terms mention hereditary office; see our article on section 16.
Article 108: alienation by a Hindu or Muslim female. The suit is brought "during the life" of the female, by a Hindu or Muslim who, if she died at the date of instituting the suit, would be entitled to possession of land, to have her alienation declared void except for her life or until her re-marriage. The period starts "the date of the alienation". An alienation on 12 August 2020 gives an end date of 12 August 2032. Compare Article 65 and its Explanation (b), which fixes when the possession of a defendant becomes adverse on the death of such a female: see Articles 64 to 67.
Article 109: father's alienation of ancestral property. The suit is by a Hindu governed by Mitakshara law to set aside his father's alienation of ancestral property. The period starts "when the alienee takes possession of the property". If the alienee takes possession on 3 March 2021, the twelve years end on 3 March 2033. The print does not say what makes property "ancestral"; that is a question of the personal law.
Article 110: exclusion from joint family property. The suit is by a person excluded from joint family property to enforce a right to share. The period starts "when the exclusion becomes known to the plaintiff". If a coparcener learns on 20 October 2019 that he has been shut out of the family business premises, the twelve years end on 20 October 2031. The starting point is when the exclusion becomes known, not when it first happened, so the evidence of knowledge matters.
What can change the count
- Section 6: a legal disability when the period starts can postpone the count. See section 6.
- Section 16: death before the right to sue accrues. The section excepts certain suits, including those for hereditary office.
- Section 17: fraud or mistake can delay the start. See section 17.
- Section 4: a suit may be filed on the day the court re-opens if the last day fell when it was closed.
- Section 5 does not help a suit. It applies to appeals and applications only.
Special laws
Section 29(2) provides that where a special or local law prescribes a different period, that period applies. Under section 29(3), nothing in the Act applies to a suit or other proceeding under a law about marriage and divorce, save as that law provides. Succession, endowment and family laws may carry their own rules; this article states none of those periods.
Checklist
- Write down the property or office, and who holds it.
- Match the claim to Article 106, 107, 108, 109 or 110.
- Fix the date: payable or deliverable, adverse possession of the office, alienation, alienee's possession, or knowledge of exclusion.
- Collect the will, partition papers, family tree and records of possession.
- Compute the end date with section 12(1) in mind.
Need help with a family property or succession claim?
These claims depend on facts that sit in family records and old papers. We can help you list the documents, work out the dates and think through the options in a legal consultation before the twelve years run out.
Key takeaways
- Articles 106 to 110 each give twelve years.
- A legacy or distributive share runs from when it becomes payable or deliverable (106).
- A hereditary office runs from adverse possession by the defendant (107).
- A female's alienation runs from its date (108); a father's alienation of ancestral property from the alienee's possession (109); exclusion from joint family property from when it becomes known (110).
- Section 5 does not extend the time to file a suit; a special or local law may fix a different period; later amendments should be checked.
Read next
- Articles 101–105: suit upon a judgment, recurring rights and arrears of maintenance
- Articles 111–113: suits by government and local authority, and the residuary article
- Section 16 of the Limitation Act: effect of death before the right to sue accrues
- Section 17 of the Limitation Act: effect of fraud or mistake
Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.