Articles 59 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.
If a sale deed was signed on a false statement, a decree was obtained by deceit, or a guardian sold a child's property, the law allows a suit to undo it, but only within a time. Articles 59 and 60 of the Schedule to the Limitation Act, 1963 give three years for these suits. Article 59 counts from when the plaintiff first knows the facts. Article 60 counts from the ward reaching majority or from the ward's death.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
A suit to cancel or set aside an instrument or decree, or for rescission of a contract (Article 59), has three years from when the facts entitling the plaintiff to relief first become known to him. A suit to set aside a guardian's transfer of a ward's property (Article 60) has three years, starting when the ward attains majority (if the ward sues, or the ward's legal representative sues after the ward dies within three years of attaining majority) or when the ward dies (if the ward dies before attaining majority). A late suit is liable to be dismissed under section 3.
Where these Articles sit
Articles 59 and 60 are in the First Division (suits), Part IV (suits relating to decrees and instruments). If you hold a document you think was obtained by fraud, undue influence or misstatement, the date you came to know the facts matters more than the date of the document. A legal dispute resolution review can help you fix that date from your papers. 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 |
|---|---|---|---|
| 59 | To cancel or set aside an instrument or decree or for the rescission of a contract. | Three years. | When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him. |
| 60 | To set aside a transfer of property made by the guardian of a ward— | ||
| 60 (a) | by the ward who has attained majority; | Three years. | When the ward attains majority. |
| 60 (b) | by the ward's legal representative— | ||
| 60 (b)(i) | when the ward dies within three years from the date of attaining majority. | Three years. | When the ward attains majority. |
| 60 (b)(ii) | when the ward dies before attaining majority. | Three years. | When the ward dies. |
Article 59: cancel an instrument or decree, or rescind a contract
The period starts when the facts that entitle the plaintiff to the relief "first become known to him". The word "first" is in the print, as is the reference to facts, not to the document.
Worked example. In March 2022, Dev signs a sale deed for his plot after the buyer misstates the plot's status. On 14 November 2023 Dev learns the true facts from a revenue record. The period begins with that knowledge, and under section 12(1), which excludes the day from which the period is reckoned, the three years end on 14 November 2026. If the same suit were counted from the March 2022 signing, it would end in March 2025, so the choice of starting point is the whole difference. The Article names the date the facts "first become known".
Decrees. The same Article covers a suit to cancel or set aside a decree. A person who learns on 2 June 2024 that a decree was obtained against him by deceit counts from 2 June 2024 under this Article, and the three years end on 2 June 2027. Whether a suit is the proper way to attack a decree is a question the Schedule does not answer.
Rescission. A suit for the rescission of a contract is in the same Article. The conditions for rescission are in the Specific Relief Act, 1963; see our posts on rescission of contracts and cancellation of instruments. For the Contract Act side of fraud and money paid by mistake, see section 72.
A point to note. Section 17 separately says that where fraud or mistake is involved, the period does not begin to run until it is discovered, in the cases it lists. Article 59 already uses knowledge as its starting point. Read both: our article on section 17 explains the section.
Article 60: a guardian's transfer of a ward's property
The Article has three sub-entries, and each carries three years:
(a) By the ward who has attained majority. The period starts "when the ward attains majority". The Act does not state the age in these words; it uses the event of attaining majority. If a ward attains majority on 3 January 2024, the three years end on 3 January 2027.
(b)(i) By the ward's legal representative, when the ward dies within three years from the date of attaining majority. The period still starts "when the ward attains majority". If the ward attained majority on 3 January 2024 and died on 10 February 2025, the legal representative's three years end on 3 January 2027. The ward's death does not move the starting point in this case.
(b)(ii) By the ward's legal representative, when the ward dies before attaining majority. The period starts "when the ward dies". If the ward dies on 15 June 2024 before attaining majority, the three years end on 15 June 2027.
Section 6 deals separately with a person who is a "minor or insane, or an idiot" (the Act's words) when the period starts. Article 60 has its own starting points, and the text does not say how it combines with section 6; read our article on section 6 and take advice.
What can change the count
- Section 12(1): the first day is excluded.
- Section 14: time spent bona fide in a court without jurisdiction may be excluded. See section 14.
- 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.
If your claim is for a declaration alone, see Articles 56 to 58.
Special laws
Section 29(2) provides that where a special or local law prescribes a different period, that period applies. Claims about company, insolvency or tax records are examples of proceedings that follow their own laws; this article states no period under them.
Checklist
- Write down which instrument, decree or contract you want set aside, and the ground.
- Find the document or event that shows the date you first came to know the facts.
- For a guardian's transfer, find the ward's date of majority or date of death.
- Compute the end date with section 12(1) in mind.
- Keep the instrument, decree copy and records of discovery together.
Need help challenging a document or a decree?
The date you first learned the facts is the date that counts under Article 59, and it has to be shown from your papers. We can review the instrument, the history and the discovery date and help you decide your next step through legal dispute resolution.
Key takeaways
- Articles 59 and 60 each give three years.
- Article 59 runs from when the facts entitling the plaintiff to relief first become known to him, not from the date of the document.
- Article 60 runs from the ward attaining majority, or from the ward's death if the ward dies before attaining majority.
- Section 17 on fraud and mistake should be read with Article 59.
- 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 56–58: suits for declaration
- Articles 61–63: mortgage redemption, foreclosure and money charged on immovable property
- Section 6 of the Limitation Act: legal disability
- Section 27 of the Specific Relief Act: rescission of contracts
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.