Limitation Act 1963 Section 10: Suits against trustees and their representatives
Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.
Explanation—For the purposes of this section any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of such property shall be deemed to be the trustee thereof.”
Explanation Limitation Act 1963 Section 10
Section 10 of the Limitation Act, 1963 creates a powerful exception: no time limit applies to suits against trustees holding property for a specific purpose, their legal representatives, or assigns (unless the property was transferred for value).
This means if someone holds trust property—like funds for a charity or a temple—and you’re suing to recover that property, its proceeds, or an account of it, the limitation period (e.g., 3 years or 12 years) doesn’t bar your claim, no matter how long it’s been.
The catch? The trust must have a clear purpose, and the defendant can’t be a buyer who paid for the property. The Explanation adds that property in Hindu, Muslim, or Buddhist religious or charitable endowments counts as trust property, and its manager is the trustee.
This section ensures trust property isn’t shielded by delay, protecting beneficiaries indefinitely under the Limitation Act, 1963.
Key Points Limitation Act 1963 Section 10
- No limitation period for suits against trustees with specific-purpose trust property.
- Covers legal representatives and assigns (except those paying value).
- Applies to recovering property, proceeds, or accounts.
- Religious/charitable endowments are trusts; managers are trustees (Explanation).
Examples Limitation Act 1963 Section 10
- A trustee holds charity funds for 20 years. You sue to reclaim them—Section 10 says no time bar.
- A temple manager misuses land donated 50 years ago. Your suit to recover it isn’t time-barred.
Case Law Limitation Act 1963 Section 10
Vidya Varuthi Thirtha Swamigal v. Balusami Ayyar (February 15, 1921): Privy Council ruled that Section 10 protects suits against trustees indefinitely if the trust purpose is specific (SCC Online: AIR 1922 PC 123).
Srinivasamoorthi v. Narayana Ayyar (March 22, 1962): Supreme Court held that Section 10 doesn’t apply if property is sold for value to a third party (SCC Online: AIR 1962 SC 1122).
Previous RJS Prelims Questions (Limitation Act, 1963):
Below are actual questions from past RJS prelims papers related to the Limitation Act, 1963. While Section 10-specific questions are uncommon, these cover the Act broadly, including principles that intersect with Section 10’s scope:
RJS 2011: “Under the Limitation Act, 1963, the period of limitation for a suit by a person against whom an order of attachment has been made to set aside the order is:
(1) One year (2) Two years (3) Three years (4) No limitation
Answer: (1) One year (Article 100 applies, not Section 10, as it’s not a trust suit).”
RJS 2015: “The period of limitation under the Limitation Act, 1963, begins to run:
(1) From the date of knowledge of the cause of action (2) From the date the right accrues (3) From the date of filing the suit (4) From the date of judgment
Answer: (2) From the date the right accrues (Section 9 ties into this; Section 10 overrides it for trusts).”
RJS 2016: “Which section of the Limitation Act, 1963 provides that no limitation applies to suits against trustees for recovery of trust property?
(1) Section 6 (2) Section 8 (3) Section 10 (4) Section 12
Answer: (3) Section 10 (Directly tests Section 10 knowledge).”
RJS 2018: “Under the Limitation Act, 1963, a suit for possession of immovable property based on title must be filed within:
(1) 3 years (2) 6 years (3) 12 years (4) No limitation if trust property
Answer: (3) 12 years (Article 65), but (4) applies under Section 10 for trust property.”