Articles 92 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.
When a trustee sells trust property, or the manager of a religious or charitable endowment transfers its assets, the beneficiaries or a later manager may want the property back. Part VIII of the First Division of the Schedule to the Limitation Act, 1963, Articles 92 to 96, gives twelve years for immovable property and three years for movable property, mostly counted from the date the transfer becomes known.
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 recover immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration has twelve years (Article 92); for movable property, three years (Article 93). Both run from when the transfer becomes known to the plaintiff. For endowment property transferred by a manager, Articles 94 (immovable, twelve years) and 95 (movable, three years) follow the same starting point. A later manager has twelve years under Article 96, from the later of the transferor's departure or the plaintiff's appointment.
Where these Articles sit
Articles 92 to 96 are in the First Division (suits), Part VIII (suits relating to trusts and trust property). They cover transfers "for a valuable consideration", that is, sales or similar transfers for value. Separately, section 10 of the Act says that no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following the property or its proceeds, or for an account, shall be barred by any length of time. The Explanation to section 10 treats property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment as property vested in trust, with the manager as trustee. Read our article on section 10 together with this one. A legal dispute resolution review can help you decide which provision fits the facts. 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 |
|---|---|---|---|
| 92 | To recover possession of immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration. | Twelve years. | When the transfer becomes known to the plaintiff. |
| 93 | To recover possession of movable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration. | Three years. | When the transfer becomes known to the plaintiff. |
| 94 | To set aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. | Twelve years. | When the transfer becomes known to the plaintiff. |
| 95 | To set aside a transfer of movable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. | Three years. | When the transfer becomes known to the plaintiff. |
| 96 | By the manager of Hindu, Muslim or Buddhist religious or charitable endowment to recover possession of movable or immovable properly comprised in the endowment which has been transferred by a previous manager for a valuable consideration. | Twelve years. | The date of death, resignation or removal of the transferor or the date of appointment of the plaintiff as manager of the endowment, whichever is later. |
The print has "movable or immovable properly comprised in the endowment" in Article 96, where "property" is plainly meant. This article quotes it as printed.
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, and three years on the same date three years later.
Article 92: trust land sold by the trustee. A family trust holds a plot. The trustee sells it for value, and a beneficiary learns of the sale on 14 February 2024. The twelve years end on 14 February 2036. The starting point is the date the transfer "becomes known to the plaintiff", not the date of the sale. The transfer must be "for a valuable consideration"; the Article does not cover a transfer without it, and the text is silent on what treatment applies.
Article 93: trust movables sold by the trustee. The same facts for movable property, such as shares or equipment held in trust, give three years. If the sale becomes known on 5 May 2024, the three years end on 5 May 2027.
Article 94: endowment land transferred by a manager. The suit is to set aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by the manager for a valuable consideration. If the transfer becomes known to the plaintiff on 1 September 2022, the twelve years end on 1 September 2034.
Article 95: endowment movables transferred by a manager. For movable property, three years. If it becomes known on 10 December 2023, the end date is 10 December 2026.
Article 96: a later manager recovering the endowment's property. The suit is by the manager of the endowment to recover possession of movable or immovable property that a previous manager transferred for a valuable consideration. The period is twelve years from "the date of death, resignation or removal of the transferor or the date of appointment of the plaintiff as manager of the endowment, whichever is later". Suppose the previous manager resigned on 30 January 2020 and the plaintiff was appointed on 15 April 2022. The later date is 15 April 2022, so the twelve years end on 15 April 2034. If the plaintiff had been appointed earlier than the transferor's departure, the transferor's date would be the later one.
How these Articles relate to the Trusts Act
The Indian Trusts Act, 1882 sets out the rights and duties of trustees and the beneficiary's right to follow trust property. Our posts on following trust property into third-party hands, a trustee's liability for breach of trust and liabilities of trustees cover that side. Limitation under the Schedule is only the time for the suit.
A suit against a trustee's estate for loss caused by breach of trust is in a different Article (103); see our article on Articles 101 to 105.
What can change the count
- Section 10: certain suits against trustees and their representatives are not barred by any length of time.
- Section 6: a legal disability when the period starts can postpone the count. See section 6.
- 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. Endowment and charity matters can be governed by state or special laws on religious and charitable bodies; this article states none of their periods.
Checklist
- Establish whether the property is trust property or endowment property, and movable or immovable.
- Fix the date the transfer became known to the plaintiff and how.
- Check that the transfer was for a valuable consideration.
- For a later manager, list the transferor's departure date and the plaintiff's appointment date.
- Compute the end date with section 12(1) in mind.
Need help with a trust or endowment property dispute?
Disputes over trust and endowment property often turn on when a transfer became known and who held office at the time. We can help you assemble the chronology and decide your next step through legal dispute resolution.
Key takeaways
- Articles 92 and 94 (immovable) give twelve years; Articles 93 and 95 (movable) give three years; all run from when the transfer becomes known to the plaintiff.
- Article 96 (a later manager) gives twelve years from the later of the transferor's death, resignation or removal and the plaintiff's appointment.
- Section 10 bars no suit by length of time in the cases it covers; read it with these Articles.
- 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 85–91: torts with a three-year period
- Articles 97–100: pre-emption, execution orders and setting aside court sales
- Section 10 of the Limitation Act: suits against trustees
- Indian Trusts Act: following trust property into third-party hands
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.