Suit for cancellation ragisterd sale deed
vinodkumar
(Querist) 08 April 2016
This query is : Resolved
I AM OWNER OF AGRICULTURE LAND WHICH WAS I PURCHASE IN YEAR 2003, SINCE I AM REAL AND ACTUAL POSSEOR OF THAT LAND, MY NAME ADDED IN REVENUE RECORD, BUT IN YEAR 2012, THE LAND IS SECOND TIME SALE, AND RAGISTERD SALE, BY THAT FARMER, NOW I WANT TO FILE A SUIT FOR CANCELLATION SUIT FOR SALE DEED WHICH IS IN YEAR 2012, NOW QUASTION IS FOR LIMITATION [3] YEARS ALL READY PASSED, SO CAN I FILE SUIT? OR ANY OTHER LEAGLE REAMECDY?
Guest
(Expert) 08 April 2016
Sec 5 Limitation act , Delay condolence can be done by court in exceptional circumstances if court feels valid reason .
Additionally try to state you came to know recently only
I feel before this month end try to file the suit. Don't wait you will have problem as time passes.
Guest
(Expert) 08 April 2016
Don't give possession of land under any circumstances , Approach Police station making criminal angle if force is used , and move to court to cancel that instrument under specific relief act.
Additionally you can also start criminal proceeding against old owner for doing fraud on third party (You are not cheated but he is cheated , Criminal law can be put in motion by anyone who detects the crime)
Devajyoti Barman
(Expert) 09 April 2016
Well, section 5 of the Limitation Act applies to appeal and application only not in filing of suit.
So unless you can show any later cause of action within the preceding 3 years you suit will be barred by law of limitation.
P. Venu
(Expert) 09 April 2016
Had you purchased land through a registered deed? If so, there is no cause for concern or for action as you are in occupation of the land. If the alleged second purchaser moves the court and make you a defendant, the issues could be dealt on merits.
However, if the transaction was not through a registered deed of conveyance, mere entry in the revenue will not make you the owner of the land. You have no credible cause of action or defence.
Learned expert Shri Madhu may kindly note that there is no provision for condonation of delay in filing a suit, even for day.
Advocate Bhartesh goyal
(Expert) 09 April 2016
Agree with Mr barman and Mr Venu.sec 5 limitation Act applies only to appeal and applications and not to suit.
Adv. Yogen Kakade
(Expert) 09 April 2016
Mr. Vinodkumar,
As the farmer has already sold the said property to you and the title of the property has been transferred to your name as per the revenue records, it needs to see that on the basis of which documents the same earlier owner sold the same property to some other person. I need to see the documents. So far the facts clearly indicates a criminal offence. But the documents need to be referred.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Rajendra K Goyal
(Expert) 09 April 2016
Agree with the expert Devajyoti Barman and expert P. Venu.
Kumar Doab
(Expert) 09 April 2016
Agreed with Expert Mr. Barmna, Mr Venu.
Guest
(Expert) 09 April 2016
Thanks @ Mr. Venu Sir, for making concept clear , had to go back to act and read it . Thanks for correcting .
Guest
(Expert) 09 April 2016
Sirs , wherever I make mistake please correct me, That is why I prefer to ans all queries in public so it is like Public Viva where if wrong others should get up and correct ,next time I won't make mistake .
Thanks once again for your kind guidance
Guest
(Expert) 09 April 2016
@ Barman sir
So unless you can show any later cause of action within the preceding 3 years you suit will be barred by law of limitation.
Generally how to show such thing ? Whether stating that you came to know 2 years back is enough or some thing else
Please guide
Guest
(Expert) 09 April 2016
Myself student not expert. This expert option , I don't know how it landed on my profile :(
So as student bound to make mistake and senior should correct me
