Section 27 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.
Section 27 is one sentence long and has a large effect. At the end of the period within which a person could have sued for possession of any property, his right to that property is extinguished. The section sits in Part IV of the Act, on acquisition of ownership by possession.
This article follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked before you rely on it.
Section 27 says: "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." The right is not merely left without a remedy in the words of this section: it is extinguished. The section ties to the periods the Schedule gives for possession suits, and its effect follows when that period has run out.
The text of section 27
Section 27 is headed "Extinguishment of right to property". It 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."
Taking the words in turn:
| Words | Meaning |
|---|---|
| "At the determination of the period hereby limited" | When the period fixed by this Act comes to an end |
| "to any person" | The person to whom the Act gave that period |
| "for instituting a suit for possession of any property" | The suit in question is a suit for possession of property |
| "his right to such property" | The right of that person to the property |
| "shall be extinguished" | The right comes to an end |
Three points follow from the words.
- It is tied to a suit for possession. The period that matters is the one for "instituting a suit for possession of any property". The section does not speak of other kinds of suit.
- It works from the end of the period. The right is extinguished "at the determination of the period". That is the prescribed period, worked out under the Act, after the exclusions and extensions in the other sections. See sections 3 and 4 for the bar and sections 12 and 13 for how days are counted.
- The word is "extinguished". Section 3 says that a suit instituted after the prescribed period shall be dismissed. Section 27 goes to the right itself, in the case of property.
The text does not say what happens to the property afterwards, and it does not name anyone who acquires it. The Part's heading is "Acquisition of ownership by possession", and sections 25 and 26 deal with easements. Section 27 on its own words only extinguishes the right of the person who failed to sue in time.
If you hold property that someone else has been occupying, or you have been occupying property that another person claims, a dispute resolution consultation can help you place the dates against the Schedule.
Where the periods come from
Section 27 does not give a period. It refers to "the period hereby limited". Those periods are in the Schedule. For suits relating to immovable property, the Schedule's Part V covers possession suits and sets out the periods and the starting points. For suits relating to movable property, Part VI deals with specific movable property and related claims.
- For immovable property, read Articles 64 to 67 of the Schedule.
- For movable property, read Articles 68 to 71 of the Schedule.
This article does not state those periods or starting points. Read them from the Articles as printed; they carry their own columns and, in some cases, lettered entries and an Explanation.
Section 27 and the starting point
Because the right is extinguished at the end of the period, the starting point of the period matters. The Schedule's third column gives the starting point for each Article. The sections that change the count (sections 4 to 24) then apply, such as the exclusion of the first day in section 12(1), disability under section 6, and fraud under section 17.
A date illustration with invented facts: say a possession suit had to be instituted within a certain number of years from a date in the third column, and the period, after the Act's exclusions, ended on 1 April 2026. If no suit was instituted by that date, then "at the determination of the period" the owner's right to the property is extinguished under section 27. The section does not say what should be done after that date; it states the effect.
What section 27 does not say
- It does not use the words "adverse possession". Those words are not in the text of the section.
- It does not say who becomes the owner when the right is extinguished.
- It does not apply words about debts or other rights; it speaks of "right to such property" where the suit is for "possession of any property".
- It does not list any procedure.
- It does not give a period of its own.
Where a statement goes beyond the text, check the current law and the Schedule Articles directly.
Section 27 and trust property
Section 10 says that no suit against a person in whom property has become vested in trust for a specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for following the property or its proceeds or for an account, shall be barred by any length of time. It begins "Notwithstanding anything contained in the foregoing provisions of this Act". Section 27 comes later in the Act. Read both with care: section 10 is about suits of the kind it describes against trustees and their representatives, and section 27 is about the right of a person who could have sued for possession. See section 10. This article does not say how the two interact beyond their own words.
Easements
Sections 25 and 26 are in the same Part and deal with easements by prescription. Section 29(4) takes cases in territories where the Indian Easements Act, 1882 extends outside sections 25 and 26 and the definition of "easement". See sections 25 and 26.
Special laws
Section 29(2) lets a special or local law fix its own period. If a law other than the Limitation Act governs your property dispute, check whether it sets its own period and whether it excludes sections 4 to 24. Never apply a Schedule period to a proceeding under a tax, insolvency, company, arbitration, consumer, MSME or cheque dishonour law.
For how a plaint is built in a possession suit, see our guide on plaint structure and drafting under the CPC.
Need help with a property possession dispute?
Whether a right to property still exists can depend on a date that passed years ago. We can read your documents and the Schedule Articles with you through legal dispute resolution support before you decide on a step.
Key takeaways
- Section 27: at the end of the period limited for instituting a suit for possession of any property, the person's right to the property is extinguished.
- The section gives no period; the periods are in the Schedule.
- It operates at the end of the prescribed period, after the exclusions and extensions in sections 4 to 24.
- The text does not say who acquires the property or use the words "adverse possession".
- Section 10 and sections 25 and 26 should be read for trusts and easements.
- A special or local law may fix a different period (section 29(2)).
Read next
- Sections 25–26: acquisition of easements by prescription
- Section 29: savings, special and local laws, and marriage and divorce suits
- Articles 64–67: possession of immovable property, adverse possession, landlord and tenant
- Articles 68–71: suits relating to movable property
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.