Limitation (Custom) Act, 1920
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| Year |
No. |
Short title |
Whether repealed or other, wise affected by legislation |
| 1920 .. |
1 |
The Punjab Limitation (Custom) Act, 1920 |
Amended by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G.G.O. 40) |
| Amended by the Adaptation of Laws (Third Amendment) Order of 1951. |
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| Extended to Pepsu Territory by Punjab Act 43 of 19602, |
An Act to amend and consolidate the law governing the limitation of suits relating to alienations of ancestral immoveable property and appointments of heirs by persons who follow custom in 3[Punjab].
Whereas it is expedient to amend and consolidate the law governing the limitation of suits relating to alienations of ancestral immoveable property and appointments of heirs by persons who follow custom in 4[Punjab];
And whereas the previous sanction of the Governor-General has been accorded under section 79(2) of the Government of India Act, 1915, to the passing of this Act;
It is hereby enacted as follows:
Section 1. Short title and extent
(1) This Act may be called the Punjab Limitation (Custom) Act, 1920.
(2) It extends to 6Punjab.
Section 2. Repeal
The Punjab Limitation (Ancestral Land Alienation) Act, 1900 (Punjab Act I of 1900), is hereby repealed.
Section 3. Definitions
In this Act
Alienation includes any testamentary disposition of property.
Appointment of an heir includes any adoption made or purporting to be made according to custom.
Section 4. Savings
This Act shall not affect any suit pending in any court on the date on which this Act comes into force.
Section 5. Dismissal of suits of the descriptions specified in the Act if instituted alter the period of limitation herein prescribed has expired
Subject to the provisions contained in sections 4 to 25 (inclusive), of the Indian Limitation Act, 1908, and not with standing anything to the contrary contained in the first schedule of the said Act, every suit, of any description specified in the schedule annexed to this Act, instituted after the period of limitation prescribed therefor in the schedule shall be dismissed, although limitation has not been set up as a defence.
Section 6. Provision for suits for which the period prescribed is shorter than that prescribed by the Indian Limitation Act or the Punjab limitation Act
Notwithstanding anything herein contained, any suit for which the period of limitation prescribed by this Act is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, or by the Punjab Limitation (Ancestral Land Alienation) Act, 1900, may be instituted within the period of one year next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, or by the Punjab Limitation (Ancestral Land Alienation) Act, 1900, whichever period expires first.
Section 7. Limitation on suits for possession where no declaratory decree has been obtained
Subject to the provisions of section 6
(a) No suit for the possesion of ancestral immoveable property on the ground that an alienation of such property or the appointment of an heir is not binding on the plaintiff according to custom shall lie if a suit for a declaration that the alienation or appointment of an heir is not so binding would be time-barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule.
(b) No suit for the possession of ancestral immoveable property by a plaintiff on the ground that he is as heir appointed in accordance with custom entitled thereto shall lie if a suit for a declaration that his alleged appointment as heir was validly made according to custom would be time-barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule.
Section 8. Benefit of declaratory decree
When any person obtains a decree declaring that an alienation of ancestral immoveable property or the appointment of an heir is not binding on him according to custom, the decree shall enure for the benefit of all persons entitled to impeach the alienation or the appointment of an heir.
| Description of suit |
Period of limitation |
Time from which period begins to run |
| 1. A suit for a declaration that an alienation of ancestral immoveable property will not, according to custom, be binding on the plaintiff after the death of the alienor (if the alienor is a female) after her death or forfeiture of her interest in the property |
6 years .. |
Firstly. If the alienation is by a registered deed, the date of registration of such deed. Secondly. If the alienation is not by a registered deed (a) if an entry regarding the alienation in the Register of Mutation has been attested by a Revenue Office under the Punjab Land Revenue Act, 1887, the date on which the entry is attested; (b) if such entry has not been attested, the date on which the alienee takes physical possession of the whole or any part of the property alienated in pursuance of such alienation; (c) in all other cases, the date on which the alienation comes to the knowledge of the plaintiff. |
| 2. A suit for possession of an cestral immoveable property which has been alienated on the ground that the alienation is not binding on the plaintiff according to custom |
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| (a) if no declaratory decree of the nature referred to in article 1 is obtained |
6 years .. |
As above |
| (b) if such declaratory decree is obtained |
3 years. |
The date on which the right to sue accrues or the date on which the declaratory decree is obtained, whichever is later. |
| 3. A suit for a declaration that an alleged appointment of an heirs is invalid as being opposed to custom or in fact never took place |
6 years .. |
The date on which the alleged appointment of an heir becomes known to the plaintiff. |
| 4. A suit for possession of ancestral immovable property on the ground that an appointment of an heir is invalid or never in fact took place- |
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| (a) if no declaratory decree of the nature referred to in article 3 is obtained; |
6 years .. |
The date on which the alleged appointment of an heir becomes known to the plaintiff. |
| (b) if such declaratory decree is obtained |
3 years .. |
The date on which the right to sue accrues, or the date on which the declaratory decree is obtained, whichever is later. |
| 5. A suit for a declaration that an alleged appointment of an heir was validly made according to custom |
6 years .. |
The date when the rights of the alleged appointed heir are interfered with. |
| 6. A suit for possession of ancestral immovable property by a plaintiff on the ground that he is an heir appointed in accordance with custom entitled thereto |
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| (a) if no declaratory decree of the nature referred to in article 5 is obtained; |
6 years .. |
The date when his rights as such heir are intefered with. |
| (b) if such declaratory decree is obtained |
3 years .. |
The date of the death of the person making the appointment or if (such person is a female) of her death or of the forfeiture of his interest in the property or the date on which the declaratory decree is obtained, whichever is later. |
1. For Statement of Objects and Reasons, see Punjab Gazette, 1919, Part V, pages 383-87, and for Select Committee's report, see ibid, 1920, Part V, pages 5-7 and for Proceedings in Council, see ibid, 1919, Part V, pages 425-28; and ibid, 1920, Part V, pages 119-25.
2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 2010.
3. See foot note on next page.
4. Substituted for the words East Punjab ( which had been inserted for the word Punjab by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948), by the Adaptation of Laws (Third Amendment) Order, 1951.
5. [Received the assent of the Lieutenant-Governor of the Punjab on the 5th April, 1920, and that of the Governor-General on the 2nd May, 1920, and was first published in the Punjab Gazette of the 28th May, 1920.]
6. Substituted by Adaptation of laws Order, 1950, East Punjab .