Litigation Update I Supreme Court Clarifies Limitation Law For Possession Suits Based On Void Sale Deeds

The Supreme Court of India in Shanti Devi v. Jagan Devi & Ors. (2025 SCC OnLine SC 1961) has clarified that when a property ownership dispute arises from a sale deed that is void ab initio, the lawful owner can file for possession within twelve years under Article 65 of the Limitation Act. The ruling distinguishes void from voidable documents, streamlining the remedy for owners whose property rights are threatened by fraudulent transfers and reinforcing robust legal protection for genuine titleholders.

Facts in Brief:

The case involved a longstanding dispute over agricultural land in Haryana (“Suit property”). The Plaintiffs asserted ownership of a one-third share in land, alleging that the Defendant's possession was based on a fraudulent sale deed dated 1973, which the alleged seller (Plaintiff) had never executed. The Plaintiffs sought permanent injunction, or in the alternative, joint possession of the land, and a declaration that the sale deed was void after