sachin sharma 27 January 2020

24 years old Sale deed

My father has purchased a plot in 1980. in 2004 one of the family members claims his 1/2 share in it. he has filed partition suit against the seller and my father and prays for cancellation of sale deed. whether the sale deed will be cancelled if his share is proved in the court.

Reply Follow

10 Replies

sachin sharma 27 January 2020

one of the family members of seller

Advocate Suneel Moudgil (Advocate) 27 January 2020

Yes, if his share is proved it will lead to cancellation of sale deed to the extent of half share,

1 Like

sachin sharma 27 January 2020

Sir, kindly guide me about the limitations applying in this case.

Rupin Dhama 28 January 2020

yes. it can be but it's not easy to do also he can claim amount for the same from the seller.

For Free legal advice or more information or advice please contact us 9 to 6 on whatsapp 9999121211 or rupin.lawjunction@gmail.com.

1 Like

Advocate Suneel Moudgil (Advocate) 28 January 2020

Limitation is three years starts from the date of knowledge

1 Like

G.L.N. Prasad (Retired employee.) 28 January 2020

From the contents of the query, the presumption is that the other co-sharer may be a minor. You are not the affected party immediately, and you are in possession of the property and arrayed as a defendant. when the matter is already in court, let them make a decision, and as an innocent third party, the court considers your position unless the sale is collusive. Unless full facts are known, on basing outlite no one can provide you opinion on limitation period.. It depends on facts of the case, circumstances, allegations of fraud, misrepresentation etc. Any joint family property can not be sold by a co sharer unless it is divided through metes and bounds and allocated as his share. Even if the other party succeed, there may not be imminent danger as your purchase can bind the seller of your property (Co sharer). This is premature to assume when the matter is in court.

1 Like