Articles 64 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.
Anyone who owns land or a building, or has been pushed off it, should know Articles 64 to 67 of the Schedule to the Limitation Act, 1963. They give twelve years to sue for possession in four situations: after dispossession, on title, after a forfeiture or breach of condition, and by a landlord against a tenant. What starts the twelve years differs in each, and the Explanation to Article 65 matters a great deal.
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 for possession based on previous possession, where the plaintiff was dispossessed (Article 64), runs twelve years from the date of dispossession. A suit for possession based on title (Article 65) runs twelve years from when the defendant's possession becomes adverse to the plaintiff. Articles 66 and 67 give twelve years from the forfeiture or breach of condition, and from the determination of the tenancy. When the period for a possession suit ends, section 27 says the right to the property is extinguished.
Where these Articles sit
Articles 64 to 67 are in the First Division (suits), Part V (suits relating to immovable property). They matter to owners who suspect that someone is occupying their land, to buyers checking title, and to landlords. A legal dispute resolution review of the title papers and the history of possession is the usual start. 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 |
|---|---|---|---|
| 64 | For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed. | Twelve years. | The date of dispossession. |
| 65 | For possession of immovable property or any interest therein based on title. | Twelve years. | When the possession of the defendant becomes adverse to the plaintiff. |
| 66 | For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition. | Twelve years. | When the forfeiture is incurred or the condition is broken. |
| 67 | By a landlord to recover possession from a tenant. | Twelve years. | When the tenancy is determined. |
Article 65 carries an Explanation in the first column:
Explanation.—For the purposes of this article—(a) where the suit is by a remainderman, a reversioner (other than a landlord) or a devisee, the possession of the defendant shall be deemed to become adverse only when the estate of the remainderman, reversioner or devisee, as the case may be, falls into possession; (b) where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female, the possession of the defendant shall be deemed to become adverse only when the female dies; (c) where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession.
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 calendar date twelve years later.
Article 64: dispossession of a person in possession. The suit is based on previous possession and not on title. A shopkeeper in possession of a plot is forced out on 5 August 2023. The period starts on "the date of dispossession", so the twelve years end on 5 August 2035. A person who was never in possession cannot use this Article, because it speaks of a plaintiff who "while in possession of the property has been dispossessed". The Specific Relief Act, 1963 separately gives a person dispossessed without consent a quicker remedy with its own time limit; see our post on recovery of immovable property and suit by a person dispossessed, which covers the six-month limit in its section 6.
Article 65: possession based on title. This is the Article behind most disputes about adverse possession. The period starts "when the possession of the defendant becomes adverse to the plaintiff". Suppose a stranger occupies the owner's vacant plot, and the possession becomes adverse on 1 February 2015. The twelve years end on 1 February 2027. The print does not define "adverse"; it gives only the three deemed rules in the Explanation, so the date on which possession became adverse is a question of fact in each case.
The Explanation changes the date in three cases:
- (a) For a remainderman, a reversioner (other than a landlord) or a devisee, the defendant's possession is deemed adverse only when the estate of that person "falls into possession". If the life holder dies on 12 May 2024, the remainderman's twelve years begin to run only from then and end on 12 May 2036.
- (b) For a Hindu or Muslim entitled to possession on the death of a Hindu or Muslim female, possession is deemed adverse only when the female dies. If she dies on 3 March 2025, the period ends on 3 March 2037.
- (c) A purchaser at an execution sale, where the judgment-debtor was out of possession on the date of the sale, is deemed a representative of the judgment-debtor who was out of possession.
Article 66: forfeiture or breach of condition. Where the plaintiff became entitled to possession because of a forfeiture or a breach of condition, the twelve years run from "when the forfeiture is incurred or the condition is broken". A lease condition breached on 20 January 2020 gives an end date of 20 January 2032.
Article 67: landlord against tenant. The landlord's suit to recover possession from a tenant runs twelve years from "when the tenancy is determined". If a tenancy ends on 30 November 2021, the twelve years end on 30 November 2033. For the lease and how it comes to an end, see lease of immovable property. Eviction under a rent control or tenancy law is a separate matter; those laws may fix their own rules.
Section 27: what happens when the period ends
Section 27 reads: "At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished." In other words, once the period for a possession suit has run out, the right itself comes to an end, not just the remedy. Our article on section 27 explains it. Do not read this as a rule that a possessor automatically becomes the owner; the text of section 27 says only that the right to the property is extinguished, and this article goes no further.
What can change the count
- Section 6: a legal disability when the period starts can postpone the count. See section 6.
- Section 15: time during which a stay or injunction held up the suit can be excluded. See section 15.
- Section 16 and 17: death before the right accrues and fraud or mistake can affect the start.
- 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
Under section 29(2), where a special or local law prescribes a different period, that period applies. Tenancy, rent-control and revenue laws may do so; this article states none of those periods.
Checklist
- Decide whether you sue on previous possession (64), on title (65), on forfeiture (66) or as a landlord (67).
- For Article 65, fix the date on which the defendant's possession became adverse, and check whether the Explanation moves it.
- Keep title papers, tax receipts, possession evidence and dated photographs.
- Compute the end date with section 12(1) in mind.
- Remember that section 27 extinguishes the right at the end of the period.
Need help with a property possession dispute?
A claim for possession can be lost silently when twelve years pass, so the date on which possession changed hands is the first thing to fix. We can help you work through the title, the history and the options in legal dispute resolution before the period runs out.
Key takeaways
- Articles 64 to 67 each give twelve years.
- Article 64 runs from dispossession; Article 65 from when the defendant's possession becomes adverse; Article 66 from forfeiture or breach of condition; Article 67 from the end of the tenancy.
- The Explanation to Article 65 moves the starting point for remaindermen, reversioners, devisees, heirs after a Hindu or Muslim female, and execution purchasers.
- Section 27 extinguishes the right to the property when the period ends.
- 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 61–63: mortgage redemption, foreclosure and money charged on immovable property
- Articles 68–71: suits relating to movable property
- Section 27 of the Limitation Act: extinguishment of the right to property
- Easements and the right of way, light and air
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.