Can we dispute the sale deed
GANGAM.RAJENDER.
(Querist) 06 June 2014
This query is : Resolved
respected sir,
the sale deed was executed in the year 1975.the property was not self acquired which was ancestral property father executed the sale deed at the time of execution the age of son is 15 years and he was educated person as his name was written in the sale deed as witness with thumb impression not signed .ORIGINALLY THE THUMB IMPRESSION IS NOT THE SON'S THUMB IMPRESSION.WITHOUT CONSENT OF THE SON THE FATHER WAS EXECUTED THE SALE DEED WITH FORGED THUMB IMPRESSION.
present the case was pending in the hon'ble dist cout.
Q1.AFTER LONG TIME SON CAN CHALLENGE THE THUMB IMPRESSION IN THE COURT.
Q2.OR THE GRAND SON'S HAVE ANY RIGHT TO CHALLENGE THE SALE DEED WHICH WAS FORGED.
WE HAVE ANY RIGHT TO ASK THE EXPERT OPINION
REGARDING THE THUMB IMPRESSION.
THANK YOU SIR .
N.K.Assumi
(Expert) 07 June 2014
Sale deed executed in 1975, now we are in 2014.At present it is the Son, next it may be by the grandson etc; Doctrine of acquiescence apply to your case. Law helps the diligent not who sleep over their rights.
Hemant Agarwal
(Expert) 07 June 2014
IF the Son was a minor, THEN the Father (being the sole legal guardian of the son) is lawfully entitled to sell the Ancestral Property, by affixing his own signature /thumb impression, on behalf his son, without any reference to the rights of his minor Son, BUT this subject to various parameters.
Any claim by the Son, will now be termed as infructuous.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 09 June 2014
In my opinion, the claim is very badly hit by the limitation law and it seriously suffers the meaning of limitation i.e., barred by limitation, what is the status of the pending case?