Suit for declaration of title has to be filed within period of 3 years .in your case property was sold 5 years back suit to set aside sale deed and for declaration wound be barred my limitation 

2) when possession is the primary relief sought based on ownership, the longer 12-year period prevails over the shorter 3-year period for the ancillary declaration. You are currently 5 years into this window, meaning you likely still have time to file if you include the prayer for recovery of possession. 

The limitation for filing suit for declaration is three years from the date of knowledge, since you have already made a mention about this property in the DV case more than three years ago, your proposal to file the desired suit is patently barred by limitation.

Since this property was purchased in your husband’s name, you knew about the sale 5 years ago, you even referred to it in legal proceedings, the court may say that the “Right to challenge sale arose 5 years ago hence suit now is time-barred.”.

However there are possibilities If you can prove that you were misled, or the full facts were hidden, then the limitation may start from date of knowledge of fraud, but this is very weak here because you already knew 5 years ago.

Your case primarily depends on the nature of relief you seek, as the limitation period varies accordingly.

If you file a suit for mere declaration, such as seeking a declaration that the sale deed executed by your husband is invalid or not binding on you, then the limitation is governed by Article 58 of the Limitation Act, which provides a period of three years from the date when the right to sue first accrues. In your case, you have clearly stated that you were aware of the sale at the time it took place and even mentioned it in your Domestic Violence proceedings. This indicates that your right to sue arose at that time itself. Therefore, a pure declaration suit filed after five years is likely to be considered barred by limitation.

However, if the suit is framed as one for declaration along with consequential relief of possession, then courts may examine Article 65 of the Limitation Act, which provides a limitation period of twelve years for recovery of possession based on title, counted from the point when possession becomes adverse.

That said, this position is not automatic. The court will examine whether you have a legally recognizable title in the property. Since the property was in your husband’s name, and you are asserting that it was purchased from your income, issues under the Benami Transactions (Prohibition) Act may arise. Unless your case falls within the statutory exceptions, such as property held in the name of a spouse for the benefit of the person providing consideration and supported by evidence, your claim may face legal hurdles.

Merely adding a prayer for possession will not extend the limitation to twelve years unless your title is first established in law. The purchaser under a registered sale deed is presumed to have lawful possession, and this will also be considered by the court.

In your situation, the appropriate course is to carefully frame a suit for declaration along with possession, if legally sustainable, and to examine whether your case fits within the permissible exceptions under benami law. If facts permit, you may also consider pleading elements such as fraud or continuing cause of action to address the issue of delay.

In summary, a suit for declaration alone after five years is likely to be time-barred, whereas a properly structured suit including relief of possession may still be within limitation, subject to establishing your legal title and overcoming possible objections under benami law.

Based on the law of limitation, your suit is likely not time-barred. While a bare declaration suit falls under Article 58 of the Limitation Act, requiring filing within 3 years from when the right to sue first accrues, you are seeking a declaration coupled with the consequential relief of recovery of possession based on title. In such cases, the declaration becomes ancillary, and the limitation is governed by the relief of possession under Article 65, which permits filing within 12 years from when the defendant's possession becomes adverse to you. Since you seek recovery of the property sold five years ago, you remain within this 12-year period.

On the facts shared, limitation is a serious issue. A declaration suit / challenge to the sale deed is generally covered by 3 years from when the right to sue first arose or when you first knew the sale facts. Since you say you knew of the sale immediately and even mentioned it in the DV case 5 years ago, the other side can strongly object that it is time-barred.

The 12-year period usually applies to a suit for possession based on title, but it does not automatically save a delayed challenge to a sale once knowledge existed.

Your next step should be to get a local civil lawyer to review whether any independent title/possession remedy is still available on your exact documents.

1. Normally declaration suit's limitation period is 3years.

2. However,  if you want recovery of possession,  then the limitation period is 12 years.

For cancellation of sale deed it’s 3 years and for recovery of possession it’s 12 years. The limitation starts from the date of knowledge