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Sekhar (Retired)     24 June 2012

Indian limitation act 1963

Indian Limitation Act 1963

There are generally two interpretations of this law as to the period of limitation. 

1.  ‘3 years from the date of registration of the gift deed’
2.  ‘3 years from the time when the facts entitling the plaintiff to revoke became known to him under art 59 of the Limitation Act 1963.’

I require clarifications as below:

1. The settlor tries to revoke an irrevocable settlement deed under the pretext of ignorance of the fact of execution of the settlement deed by him.
2. What the are legal conditions to be applied to both the interpretations as above?
3. Is it possible for the settlor after 3 years from the date of registration to merely and orally state that he came to know of the fact of his execution only recently in order to get the limitation period from the date he came to know of the fact instead of the date of registration?
4. Or, are there any legal requirements that he has to prove how he came to know of the fact of execution of the document as a settlement deed?
5. What art 59 specifically states?
 
SEKAR
 



Learning

 1 Replies

v. s. parma (proprietor)     14 November 2012

whether the law of limitation is applicable to ancestral property ?

with Regards


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