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Gyan Prakash Mishra (Service)     28 October 2018

Civil case after 18 years of registration of land

We had a joint family. My father and uncle were living together in UP. My uncle was doing nothing therefore my father supported him throughout his life for all purposes. My uncle had done registry of some portion his inherited property in 2001 in my and my elder brothers name under consideration of some money that my father has provided him. Mutation of this registration was done in 2006 as some of village people raised objection. My uncle is having only one daughter and since last few years she is living with him. Even after death of my father we are supporting him.

During 2018 my uncle filed a civil suit on the ground that this registry was not done by him but had been done by a fraudent means. He has made a will favouring her daughter during 2016 in which he has mention of the properties he had already sold us for which registration and mutation has been done long back. He said that he never received any money in consideration.

can we take a plea under limitation act for time bar?

What should be our further course of action. The case is pending before Civil Judge(Jr. Division)

Guidance and suggestion requested.



Learning

 1 Replies

manoj   28 October 2018

Article - 59 of limitation act will apply to your case. Since date of knowledge is the time begins for fradulent transcation. For transfering the title through registered sale deed, as per your query he raised that no consideration is passed in the above sale deed. Without sale consideration if the property vested with registered sale deed by transferring title, title will transfer. But he can file suit that he did not receive consideration. He cannot deny the title when he register the property. So two issues involved in your case one is limitation and sale deed without consideration. So I have some citations which may help you in this regard. 

V E MANOJ KUMAR

ADVCOATE

CELL NO 8686159292

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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