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Pushkar (DR)     10 August 2011

Civil suit limitatation

Hi,

I  possess and reside on a plot of land since 1987. From 1987 to 2003 the property was in the joint names of me, my mother and my brothers. In 2004, I paid my brothers and mother and got the land registered in my name through their notarized power of attorneys, as at that time a notarised power of attorney was legal and a registered one was not required. Now the power of attorneys given to me by my brothers were recently misplaced during construction activity at the same property. Beacause the land value has gone up my brothers are greedy and have now instituted a suit against me for registering the land in my name by fraud as they know that the attorneys given by them have been misplaced. My mother has now expired but I have a memorandum signed by her that states that she has received the money and that all my brothers also received the money.

I have complete possession of the land since 1987 and am currently also living there. All the water bills are in my or my wife's name since 1987.

Plz suggest on what basis I should defend. What is the applicability of limitation act here.



Learning

 2 Replies

Ravikant Soni (LAWYER IN JAIPUR)     10 August 2011

Limitation to recover possession of an immovable property is twelve year recone from the date of acruing cause of action.

Pushkar (DR)     10 August 2011

Thank you sir for you reply. But specifically in this case, does the limitation period start from 1987 since when I possess the land or 2004 when it was registered. My brothers are challenging the registration by saying that it was done fraudently.


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