Inherited property
Querist :
Anonymous
(Querist) 05 April 2018
This query is : Resolved
Sir ...wat is limitation act..is there any time frame to challange registered sale deed as i m a nri and in my father property without his will my brother sold it out 24 years back....now owner has registered sale deed...
Querist :
Anonymous
(Querist) 05 April 2018
Now brother got died and i made a police complaint but police refused to take action after enquiry and closed it as civil nature case....
SHIRISH PAWAR, 7738990900
(Expert) 05 April 2018
There is issue of limitation as 24 years has passed. However consult with local advocate he may find some way out.
Guest
(Expert) 05 April 2018
Challenge of registered sale deed on what specific ground? Detailed case history is required to be examined along with copies of the inheritance related document/ mutation and the sale deed.
Vijay Raj Mahajan
(Expert) 05 April 2018
Yes it's civil issue not covered under the jurisdiction of police unless any cognizable offence committed by the brother and now when he's not alive the police will not be able to take action against the deceased person.
Doubts about time limit to challenge the sale deed has to be confirmed after checking complete case file of the case.
Guest
(Expert) 05 April 2018
Good Mr Vijay Raj Mahajan had advised here.
Guest
(Expert) 05 April 2018
He Had Commented in One Thread Comments on Experts who Posted here as " Discuss With your Advocate " as those of Advocates are "Financially " and Poor Health Condition of Finance " for the Advocates
Guest
(Expert) 05 April 2018
Me vijay Raj Mahajan In another thread Pleaded the Querist to approach him Posting his Email Id
Guest
(Expert) 05 April 2018
The Justification is not yet Posted by Mr Vijay Raj Mahajan
Kumar Doab
(Expert) 05 April 2018
The full Act is available on legal websites...
If IT was your father’s property whose title was in the name of your father then your brother or anyone just cannot sell without your father’s sweet will..in his lifetime.
Until our father himself appeared to register the sale deed by his free will and/or signed PoA vesting power to sell..
If your father was not alive at the time of registering the sale deed and did not leave a valid/registered deed favoring your brother say; WILL/gift/settlement deed … then your brother cannot sell your share as per personal law that applies..
IT shall be better to obtain copies of mutation records with all link docs and ascertain by which valid/registered deed your brother attained rights to sell…
Kumar Doab
(Expert) 05 April 2018
Approach a very able senior LOCAL counsel of unshakable repute and integrity and having a successful track record specializing in civil matters and …worth his/her salt…
Inquire at LOCAL courts complex ….
Kumar Doab
(Expert) 05 April 2018
You may post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Ms.Usha Kapoor
(Expert) 06 April 2018
I agree with Kumar Doab Expert.Any way your brother expired and it is time barred.
P. Venu
(Expert) 06 April 2018
The facts, as posted, lacks clarity. If it is meant that the sale was made by a person who had no title to it, that certainly was an illegal act and as such, no limitation is applies. However, if it is a question of disputed fact, the limitation period is three years and that runs from the date the affected party had knowledge of the alleged wrong doing.
As far a criminal offence is concerned provisions of Section 468 CrPC applies:
"468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]"
However, the delay is condonable if sufficient cause is shown.
Guest
(Expert) 06 April 2018
How awakened now after 24 years of incident and that too after the death of your seller brother?
Kumar Doab
(Expert) 06 April 2018
Thanks for agreeing Ms. Usha Kapoor.
Kumar Doab
(Expert) 06 April 2018
Thanks for agreeing Ms. Usha Kapoor.
Kumar Doab
(Expert) 06 April 2018
Hope you have the copy of police complaint, IT’s acknowledgment/POD.
Sufficient has been provided to you by Experts that contribute at LCI daily, during online discussions.
Ignore others…
Now approach a very able LOCAL counsel as already suggested…
Your chosen counsel shall provide you with considered opinion and strategy to handle the matter..
Guest
(Expert) 07 April 2018
Both the fake experts and copy & paste masters, Mr. Kumar Doab and Ms. Usha Kapoor, can agree with, thank and congratulated each other.
Guest
(Expert) 07 April 2018
The querist will be fully justified to ask Mr. Kumar Doab, what is the use of his advice, if he has at last advised him that his chosen counsel would provide with considered opinion and strategy to handle the matter, and why he should ignore others. Is Mr. Kumar Doab not confident in his own advice that he has to approach some local counsel just to get his opinion, if Mr. Kumar Doab cannot provide some definite answer whether the querist can challenge the sale deed or not after 24 years of sale and also after the death of his brother, if he advises to ignore others?
