Time limit for civil suit

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
i am a muslim.my grandfather died in 1990.after his death my mother and her 2 brothers A & B name were mentioned as legal nominee in ferfar document and also in death registerd at city survey office. in dec 2011 we read a notice in news paper that A & B are selling property. we get objection on that by lawyer. but when we collect fresh 7/12 document, we get shocked. my mothers name was not there. we appeal at tehsildar that my mothers name was removed fraudly by A & B so please make order to rewrite my mothers name.as my mother was died in 2006. write my name as legal nominee. but A & B defending themselves in two way. first one is that my mother gave her share by oral gift to them after grandfathers death.and second one is as per limitation act 1963 our appeal is barred becs 21 years passed away.tehsildar ask me to give my advocates explaination. sir, please tell me whether limitation act is applicable in my case? can i enter a civil suit? there is not a single word mentioned on pherphar about oral gift. still i m share holder in the property?

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Nadeem Qureshi (Expert) 08 January 2012
Yes you can file a civil suit before civil court, the limitation start from dec 2011 in your case.
feel free to call in detailed or any other query

Devajyoti Barman (Expert) 08 January 2012
You have got lot of time.
File a suit for declaration and injunction. You would certainly get relief.

Raj Kumar Makkad (Expert) 08 January 2012
Your proposed case to be filed before the civil court is well within the limitation as you have come to know about the fraud recently when you read the news in news paper and then enquired from the office of Tehsildar.

You should immediately rush to the court and should also get interim injunction not to create third party interest in the property. You can again get your legal right over the property in question.

M/s. Y-not legal services (Expert) 08 January 2012
am also agree with experts..

prabhakar singh (Expert) 08 January 2012
And I do not differ.

Querist : Anonymous (Querist) 08 January 2012
thanks a lot sir. one thing to tell in my case. recently we came to know that part of some property has been sold by A & B without asking us five years ago. please tell me
1.can tehsildar give order in my favour? as A & B saying that i have to appeal in three years from the death of my grandfather?
2.my mothers name is on registerd book and on pher phar document but not on 7/12 document. is this sufficient document to prove froud? as defeandent are saying about oral hibba?

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