What is time limit for filing a suit for claiming a sale deed as illegal?
and
Is any condonation is allowed for the reason that the plaintiff could not get the knowledge of the sale deed?
anshu agarwal (ca final student) 14 October 2011
What is time limit for filing a suit for claiming a sale deed as illegal?
and
Is any condonation is allowed for the reason that the plaintiff could not get the knowledge of the sale deed?
adv. rajeev ( rajoo ) (practicing advocate) 14 October 2011
You will have to file a suit for declaration. Time limitation is 3 years from the date of knowledge. You have to make a cause of action to file this suit. There wont be any condonation of delay while filing the suit.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 15 October 2011
Mr. Rajev is right
anshu agarwal (ca final student) 15 October 2011
Mr. A purchased the property from Mr.B in 1991. Now in 2011, Mr.C (one relative of Mr. B) wants to claim that Mr. A has puchased the property from Mr.B illegally as Mr. B could not transfer the property to any person except his relatives. Is it possible to Mr.C to claim this on saying that he got the knowledge for the sale in 2010.
kvss.prabhakar rao (Advocate ) 15 October 2011
Claims means decaration and posessioin if he have right over the properrty . Posession suit can be filed beyond 12 years. C can file suit for posession and declaratiion that the sale took place between A and B is null void with in 12 years.
Advocate Rajiv Mishra (advocate) 21 October 2011
Advocate Rajiv Mishra (advocate) 21 October 2011
three years frm the knowledge i.e. registration dt. if C has right in property can claim directly frm B and possetion frm A, dont mention tht u hv any knldg of sell till,now.
Devakrishnan (Consultant) 24 October 2011
| CATEGORY | ART. /RULE/ SECTION | LIMITATION | TIME FROM WHICH PERIOD BEGINS TO RUN |
|
1] FIRST APPEAL (CPC) |
Art.116 (a) of Limitation Act, 1963 |
90 Days |
The date of the decree or order. |
|
R.15(2) of Bombay City Civil Court Act, 1948 |
30 Days |
The date of the decree or order. | |
|
a. Land Acquisition Act. |
Art. 116 of Limitation Act. |
90 Days |
The date of the decree or order. |
|
b. Employees State Insurance Act. |
Sec. 82 (3) ESI Act. |
60 Days |
From the date of order |
|
c. Railway Claims Tribunal Act. |
Sec. 23 (3) of RCT Act. |
90 Days |
From the date of order |
|
d. Motor Vehicles Act. |
Sec. 173(1) of MV Act. |
90 Days |
From the date of order |
|
e. Workmen's Compensation Act. |
Sec. 30 (20 Workmen's Compensation Act. Sec.30(3) Section 5 of the Limitation Act is applicable |
60 Days |
From the date of order |
|
f. The Copy Right Act. |
Sec. 72(2) The Copy Right Act |
3 Months |
From the date of order |
|
g. Securities & Exchange Board of India Act. |
Sec. 15z of SEBI Act |
60 Days, If prevented by sufficient cause to file within 60 days further period not exceeding 60 days. |
From the date of communication of the decision or order to him. |
|
h. Maharashtra 8 Electricity & Regulatory Commission Act. |
Sec. 27 of MERC Act. |
60 Days |
---- |
|
i. Foreign Exchange Regulation Act. |
Sec. 35 of FERA |
60 days, If sufficient cause shown for further 60 days. |
----- |
|
j. Family Court Appeals Act. |
Sec. 19 (3) of Family Courts Appeal Act. |
30 Days. |
From the date of judgment or order |
|
k. Cross objection in Appeal |
Order (41) of CPC R.22 |
30 Days. |
Within one month from the date of service notice on him or his pleader of the day fixed par hearing of appeal or within such further time as the appellate court may allow. |
|
2] SECOND APPEAL (CPC) |
Art.116 of Limitation Act. |
90 Days. |
The date of the decree or order. |
|
3] LETTERS PATENT APPEAL |
Bombay High Court (A.S.) Rules Provisions of L.P.A. and Order 41 of CPC (117 Art.) |
30 Days. |
From the date of order. |
|
4] APPEAL FROM ORDER |
---- |
District - 90 Days.
Bombay - 30 Days. |
From the date of order. From the date of order. |
|
5] CIVIL REVISION APPLICATION(CPC) |
Art. 131 of Limitation Act. |
90 Days. |
The date of the decree or order or sentence sought to be revised. |
| 6] APPLICATIONS | |||
|
a. Application for setting aside Registrar's order
Revision of orders of Reg & Addl. Reg by motion u/ Chapter II,
Rule 7 |
Bombay High Court (A.S) Rules Chapter XII Rule-2
Chapter II Rule - 7
|
7 Days.
15 Days. |
From the date of order complained of
From the date of order
complained of
|
|
b. For bringing L.Rs. on record |
Art. 120 |
90 Days. |
The date of death of the plaintiff , appellant , defendant or respondent , as the case may be. |
|
c. For setting aside abatement |
Art. 121 |
60 Days. |
The date of abatement. |
|
d. For leave to appeal as a pauper(a) to the High Court |
Art.130 |
60 Days. |
The date of decree appealed from. |
|
e. To the High Court for a certificate of fitness of appeal to the Supreme Court clause 1 of Art. 132, 133 etc. |
Art, 132 of Limitation Act |
60 Days. |
The date of the decree , order or sentence. |
| f. Application for restoration of appeal, application Review, Revision dismissed for default, want of prosecution. | Art. 123 of Limitation Act. | 30 Days. | The date of the decree or where the summons or notice was not duly served, when the aplicant had knowledge of the decree. |
| g. Appeal under Sec. 35G(2) of Central Excise Act. | 35G(2)(a) | 180 Days. | From the date on which order appealed against is received by commissioner or party order. |
| h. The Customs Act Appeal u/s. 130 (2) | 130(2) (a) | 180 Days. | From the date on which the order appealed against is received by commissioner of customs or the other party |
| 7] REVIEW | Art. 124 | 30 Days. | The date of the decree or order. |
| 8] CONTEMPT PETITION | Sec. 20 | 1 Year | From the date on which the contempt ------- to have been committed. |
| 9] CONTEMPT APPEAL | Sec. 19(4) (a) | 30 Days. | ----- |
| 10] WRIT PETITIONS | Art. 226, 227 etc | No limitation but to be filed as early as possible. |
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