limitation
george
(Querist) 11 November 2009
This query is : Resolved
Sir
My grand father settled the only dwelling house to my mother in 1963,(He died in 1965 after making a will for the other lands and any left over property too to my grandmother).One man got the possion of the house and sale deed by fraud/undue influence from my mother.My mother within two weeks filed suit in court.but all the three court including HC dismised the suit for want of evidence of undue influence.
Now I feel the original deed that is settlement deed is void on the ground that
1) the contents of the deed is such that the transfer of interest and right and possesion is not in preasenti and my grand father reserved life interest.and such settlement deed had been held to be void or will in many cases.
2)the written consent of my grandmother not obtained according to Indian Succession Act as we are christian.
In this situation my grand mother died in 1995 leaving a will bequething all property to me.
My question is now can i file a suit for recovery of possession from the man who fraudulently obtained from my mother by null and void declaration of the original deed of settlement because my mother did not add this fact in her plaint.Will it attract limitation period
Kindly advice sir
Raj Kumar Makkad
(Expert) 11 November 2009
Definitely law of limitation shall come in the way. The ground of settlement deed providing only right to live could not have been raised by your mother in her litigation as she had sold it. You can challenge the sale deed and can claim possession on the grounds mentioned by you but limitation is definitely a wall in front of you. You file the suit and claim therein that you have came to know about the sale-deed and the settlement deed within a month of filing the suit.
G V S Jagannadha Rao
(Expert) 17 November 2009
The limitation for recovery of possession is 12 years from the date of possession of defendant becoming adverse, under Article 65. At the time of dispossession the Plaintiff was a minor, the limitation would begin from the date he attained majority. Even if your age at the time of dispossession is presumed to be 0, you would attain majority in 18 years and you will have 12 years to file suit. If you are less than 30 years by any chance, your case might be in time.
This is only on limitation. The succcess of your case depends on the strength of facts of your case. You better consult a good lawyer.
george
(Querist) 24 November 2009
Thanks for the reply sir, the alleged sale is on Jan.4.1880 when i was 10 years. but the sale deed was questioned in court by the seller ,my mother
