Property possession
aditya desai
(Querist) 05 April 2013
This query is : Resolved
DEAR SIR,
(For my block on 2nd floor ,Hall on 1st floor and shop on ground floor).
Builder give me the possession letter on 2006 for my block on 2nd floor ,hall on 1st floor and shop on groundfloor.i occupied hall and block but practically he shut down the shutter shop no 1 and 2 and he frequently told me the wall is to be build up between two shops.But after 2008 i came to know when he opened the shutter by the third person that he has already sell out the shop to third party on 2007 .So i have give him the notice to builder and third party by lawyer on 2008 AND I FILLED CHEATING CASE ON 2009 AT Borivali .Mainly i have no money as i am retired person, and i spend all money in this property.So can i file the suit for possetion under specific performance act .. in 2013.(ie stay order,commissioner etc in ct court..)I want to know is there any time limitation THAT U CAN'T CLAIM THE POSSESSION NOW.
1)Any order is past that we have to claim the possession within 3 years of time limit..?
2)under what section..
Because builder is saying that u should suit a file within 3 years of time limit.
Please HELP I want to know is there any law that we cant claim the possession after 3 years..
thanks for help....
Adv. Chandrasekhar
(Expert) 05 April 2013
you can claim possession within 12 years as per the limitation Act.
Raj Kumar Makkad
(Expert) 06 April 2013
There is no time limit in case of fraud. You have already got possession of the entire property (may be on the basis of sale-deed or allotment-cum-possession letter, which you have not mentioned in your query) including the disputed shop to which the builder later on sold to some other party so in the given facts the suit for performance is not tenable rather a suit for setting aside the sale-deed and restoration of possession is maintainable and that should be filed within 3 years of date of knowledge, though, such limitation is condooned by courts if convincing reasons are put forth. The wrong doer cannot take benefit of his fraud for keeping the possession with him just on this technical reason. Article 65 of Limitation Act comes in the way.
