Law of limitation - clarification
G
(Querist) 21 March 2012
This query is : Resolved
My friend wants to purchase a property from person who is not an original allottee of Delhi Development Authority (DDA) flat. The flat was originally allotted to a person after whose death it was substituted to his wife and two minor children in 1980. Deceased allottee's wife had sold the flat, on her behalf and as guardian of her children, through GPA to buyer No. 1 in 1980 and buyer No.1 inturn sold it to buyer No. 2 through GPA in 1984. Buyer No. 2 got it freehold in his name from DDA in 2001. Buyer No. 2 sold it to buyer No. 3 in 2012 through sale deed of the freehold property. My friend wants to purchase this property from Buyer No.3. He got the paper checked from a lawyer who raised the objection that after original allottee's death the property was substituted by DDA to his wife and minor children. She transferred the property on the basis of GPA/agreement to sell etc. But District judge permission was not obtained as the children were minor at that time.
My query is should he buy this flat or not and what are the remedies available to him for rectification of this problem as pointed out by the lawyer. It is not understood how DDA freehold the property even after this problem. What will be future repercussions if he purchase this property. Law of limitation has its role in this? Can he further sell the flat in future.
Ghanshyam Prasad
(Expert) 21 March 2012
Go ahead and purchase property.Minor can challenge transfer by gurdian but within 3yrs of attaining majority.The period has already passed.For further detail con.me on my mb.
Adv.R.P.Chugh
(Expert) 21 March 2012
Dear Querist,
The lawyer is correct where he says that district judge's permission was necessary to be obtained when dealing with child's interest in the property. However that does not make the transaction void or non-est in the eyes of law. It is merely voidable which means that minors can try and avoid the same (insofar as it concerns their interest).
However the Law of Limitation permits such challenge only uptil 3 years after their majority - if they don't challenge between 18 to 21. They lost their right to do so. (S.6-9 Limitation Act)
niranjan
(Expert) 21 March 2012
The limitation to challenge would start from the date of attaining majority. of both children.
G
(Querist) 22 March 2012
Thanks a lot for your guidance. Is there any other provision in Limitation Act other than what we discussed (i.e. of 3 years). I have seen somewhere about the time of 12 years from the date of knowledge of deal by minors or something like that. Please elucidate it.
