To challange a fraud sale deed.
Pradip Pandey
(Querist) 24 September 2012
This query is : Resolved
Dear Experts
Please help me in following case.
1. My Grand Father sold a self acquired 6 decimal land to my Buaji in the year 1976.
2. My Eldest uncle (Who is a criminal person) forcefully made a sale deed in year 1999. In this deed total land portion was 176 decimal including of 6 decimal land what was already sold to my Buaji.
3. My other 3 uncles and myself (As my father died in the year 1997) were unknown about this deed.
Now my question is can I challange the deed made in the year 1999 to my uncle.
Kindly help me in this matter.
ajay sethi
(Expert) 24 September 2012
let your 3 uncles and you file suit in court challenging sale of land made in 1999 . you have to make out a case that sale was vitiated by fraud
Pradip Pandey
(Querist) 25 September 2012
Thanks sethi sir. But is there any time barred to challange a fraud deed. My lawyer says as deed is more than 12 year old hence we can't challange. Please guide.
ajay sethi
(Expert) 25 September 2012
you have to make out a prima facie case . when was fraud discovered?
ajay sethi
(Expert) 25 September 2012
Regarding limitation for filing the suit is one of the main issue, this has to be decided after evidences from both parties.
Pradip Pandey
(Querist) 25 September 2012
We discovered the fraud 7 years ago but myself and my other uncles were not financially and physically capable to fight against my Elder Uncle as that time he was too powerful. Now as he is 55 years old and he is weak.
Pradip Pandey
(Querist) 25 September 2012
Sir,
My grand mother is alive and says that my elder uncle asked to give a small piece of land in consideration of Rs. 30K. My grand father was only literate and he was of 90 years old that time. My uncle is having more than 20 criminal case. All the villagers can be a witness in our favour.
ajay sethi
(Expert) 25 September 2012
unless you have deep pockets dosent make sense in going in litigation . in addition you have slept over for 7 years after discovery of fraud
prabhakar singh
(Expert) 29 September 2012
But for limitation you have good case.But that one is a big but?
