Limitation in filing case for cancellation of a sled deed by
Janmejaya Senapati
(Querist) 12 August 2017
This query is : Resolved
Dear Sir/ Madam,
One sale deed was executed by my elder sister and me , when I was a minor , being represented by elder sister , who was married at the time of execution of the sale deed. My father and mother was also dead by then. This was done without any approval of the court. I got married and went to my in-laws. Execution of deed was not with in my knowledge. Now almost 30 years have been passed. I did not file any suit after three years of attaining my majority. Can I be deprived of my rights?? Can't I file a case now ?? I have not executed any deed . It is a fraudulent deed. Please , Guide me.
Kumar Doab
(Expert) 12 August 2017
Minor can agitate within 3 years from date of attaining adulthood.
Advocate M.Bhadra
(Expert) 12 August 2017
According to Section 8 (3) of the Hindu Minority and Guardianship Act, 1956 any disposal of immovable property by a natural guardian, in contravention of the above provisions is voidable at the instance of the minor or any person claiming under him. Therefore the alienation is not void but it is voidable at the instance of the minor or any person claiming under him. If the minor, on attaining majority (18 years) chooses not to challenge the alienation, the alienation will be perfectly valid. But, on the other hand, if he challenges the alienation, the validity of the alienation will be decided by the court. However, such a challenge should be made within 3 years after the attainment of majority
Kumar Doab
(Expert) 12 August 2017
Mr. M.Bhadra has provided you with the enactment and extent clause also.
It is appreciated.
Rajendra K Goyal
(Expert) 12 August 2017
Time limit for filing the case has exhausted. However, show all documents to local lawyer and discuss for any lacuna in the documents.
Kumar Doab
(Expert) 12 August 2017
Your own LOCAL senior counsel of unshakable repute and integrity specializing in such matters and having successful track record can help you to find defects/lacuna as suggested by Mr. Rajendra K Goyal............
Advocate M.Bhadra
(Expert) 12 August 2017
Here is Full Bench of the Madras High Court has held in Amirtham Kudumban vs Sornam Kudumban on 29 July, 1976
held that the claim being a joint claim and the suit having been brought more than three years after the attainment of majority by the elder brother (who was the manager of the joint family, competent to give discharge) the claim was barred by limitation even in respect of the share of the younger brother who had not yet completed 21 years. Therefore if the eldest male member and Manager of the Hindu Undivided Family does not file a suit within three years after his attainment of majority, he cannot do it after three years and the said disability would extend to the other younger members of the joint family also and they are barred from bringing any suit. This is because as the eldest member and manager, he is deemed to be capable of giving a discharge without the concurrence of the other members of the family
Kumar Doab
(Expert) 12 August 2017
Thanks for sharing in the Forum Mr. M. Bhadra.
