Naresh Kudal (none) 20 September 2016

Limitation

One sale deed registered on 30th Aug. 2013, same was in knowledge of real owner of property from the beginning. Real owner (was not a party to sale deed) wanted to declare that sale deed void but could not file the suit within limitation due to health reasons (suffering from dengue for last one month) now he wish to file the suit after his recovery. Section 5 of limitation act provides extension of period only for appeal and applications and not for suits. What can be done for now, kindly guide with citations.

Reply Follow

2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 September 2016

Passing of the title: A sale deed should contain the clause when the original title of the property to be passed to the purchaser. A time limit should be given to the seller for the transfer of the title. Once the title of the immovable property is transferred, all the rights will pass to the purchaser.

Nitish Banka (lawyer) 22 September 2016

You may take an advantage of legal disability and file a suit for cancellation of the sale deed, if you have possession of property then fixed court fee is payable.

Warm Regards,

Nitish Banka

9891549997