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 

Dear  client

The Limitation Act, 1963, which is implemented in India, sets the time limits for bringing a case (in particular this reference is to a suit to obtain a declaration) under article 58 to be 3 years from the time the 'cause of action' arises (i.e. when you become entitled to the remedy you are seeking or the "right to sue first accrues").

In your case, since you were aware of the sale 5 years ago (you have referenced this sale in your Domestic Violence proceedings), it would appear that the limitation bar on bringing a suit for pure declaration only is already expired.

However, if you were to bring a suit for declaration and for recovery of possession, the limitation period may be governed by Article 65 of the Limitation Act, 1963, which allows for a limitation period of 12 years from the date of title (basis of ownership of the property) which can apply because you are asserting ownership of the property being sold to you and the only remedy you seek is possession.

Typically, Courts determine the relief being claimed based upon the substance of the relief, not which words were used to describe the relief being claimed. If you assert ownership of the property and seek to recover possession, it may be possible to argue for use of the 12-year limitation period.

That being said, the fact that you had knowledge of the sale prior to bringing your suit can be used against you as evidence of delay and can be cited as acquiesce.

Therefore, while the 3 year limitation period will apply to bring a simple declaration, if you combine that with a claim for possession of the property, you may be able to rely on the 12 year limitation period based on how the Court chooses to interpret 'the nature of the remedy' sought.

if you have query please feel free to contact us 

Your query goes to the heart of limitation and the correct structuring of relief, and this is one of those situations where the form of the suit will decide its fate even before the merits are examined.

1. Pure declaration vs declaration with consequential relief

Under the Limitation Act, 1963:

• A suit for declaration alone (for example, seeking a declaration that the sale deed executed by your husband is invalid) is governed by Article 58, which provides a limitation of 3 years from the date when the right to sue first accrues.

Now, in your own facts, you have clearly stated:

• You had knowledge of the sale at the time it happened (5 years ago)
  
• You even referred to it in your Domestic Violence proceedings
  

This is extremely significant. Courts interpret “right to sue first accrues” quite strictly. Once you had knowledge of the sale and could have challenged it, the clock started ticking.

Therefore, a bare declaration suit today will almost certainly face a limitation bar, as the 3-year period has already expired.

2. Can limitation be extended to 12 years?

The 12-year period that you are referring to comes from Article 65 of the Limitation Act, which applies to:

• Suits for possession of immovable property based on title

Now, this is where strategy becomes important.

If your suit is framed not merely as a declaration, but as:

• Declaration that the sale deed is invalid/not binding, and
  
• 
  Recovery of possession of the property from the purchaser

then the court may examine the matter under the broader framework of title and possession, where limitation can extend up to 12 years from the date of dispossession.

However, this is not automatic. Courts look at the real nature of the suit, not just how it is worded.

3. The difficulty in your case

There are two practical legal hurdles you must be aware of:

• You were aware of the sale from the beginning
  
• The property has already been transferred to a third party

If the purchaser is a bona fide purchaser for value without notice, courts are generally reluctant to disturb such transactions after long delays.

Also, since you were not in possession after the sale, the court will closely examine:

• Whether you are truly seeking recovery of possession based on title, or
• Simply trying to indirectly challenge a sale after limitation has expired
  

If the latter, the court may still apply the 3-year limitation indirectly, even if possession is added as a relief.

4. Your claim based on “property purchased from your income”

This aspect needs careful handling.

If the property was in your husband’s name, then legally:

• It is presumed to be his property unless you can establish otherwise

Further, under the Benami Transactions (Prohibition) Act, claiming that property was purchased in someone else’s name from your funds is generally barred, except in very limited exceptions (such as fiduciary capacity, which is not easily established in matrimonial contexts).

So this argument, though emotionally compelling, is legally delicate and must be framed very cautiously.

5. Effect of Domestic Violence proceedings

Your mentioning of the property in the DV case actually works both ways:

• It helps show your awareness of the transaction
• But it also strengthens the argument that your right to sue arose at that time itself, thereby triggering limitation

The status quo order in DV proceedings does not revive or extend limitation for a civil title suit.

6. Practical legal position

To summarise the realistic position:

• 
  Pure declaration suit → very likely barred (3 years limitation)
  
• 
  Declaration + possession → may be argued within 12 years, but:

  • Will be heavily contested on limitation
    
  • Will depend on how the court interprets the real cause of action
    
  • Will face additional hurdles if purchaser is bona fide

7. Strategic advice (very important)

This is not a situation where a standard-format suit will work. You will need:

• Careful drafting to frame it as a title-based recovery suit, not merely a delayed challenge
• Clear pleadings explaining why the cause of action survives
  
• A well-thought-out position on the nature of your financial contribution

In some cases, instead of directly challenging the sale, it may be strategically more effective to:

• Assert monetary claims, compensation, or rights within matrimonial proceedings, depending on facts

In conclusion

Yes, limitation is a serious issue in your case. A straightforward declaration suit is likely to be time-barred after 5 years. While a suit for declaration coupled with possession may allow you to invoke the 12-year period, it is not a guaranteed safeguard and will depend on very careful legal structuring and facts.

- As per the Specific Relief Act, the limitation for filing a the declaration suit is 3 years from when your right is first denied.

- Hence, if you will give detail that you were aware about the selling of the property , then the said declaration suit will be time barred. 

- However, if you are going to file declaration with recovery of possession, then limitation can extend up to 12 years.

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.

However, the limitation for recovery of Possession is 12 years

Kindly, consult a local Civil Lawyer and to review any kind of remedy available to you in your Case