Undivided property

The sale consideration is stated to have been received in the year 1989, which has not so far been assailed during elapsed period of 34 years.

Consequently, the transaction has attained finality and cannot be challenged at this belated stage even if your mother had received 1/5th of the amount.

Though it is apparent that some injustice was done to your mother, but it is a very belated stage that she can challenge the same now.

If at all she had to challenge the sale deed for the reasons you have stated, it should have been done within three years from the date of execution of sale deed. 

No claim will be entertained by court at this stage. 

Many thanks for the responses.

But we recently came to know about the mortgage of the said property without my mother knowledge and signature, she being one of the legal heir for the said property.

The very fact why this sale transaction happened is because they were unable to repay the mortgage loan amount with interests, so cant we plead on fraud, undue influence and misrepresentation ? Also since we are aware of this mortgage transaction only since 1 month back, will it not fall within limitation of three years ?

Basically it is about the sale deed and not mortgage deed.

The mortgage was redeemed when the property was sold hence there's no point in disputing the mortgage.

Your mother was a party to sale deed hence no claim would be maintainable.

sorry to have missed to mention a fact here

In the sale deed they have mentioned that my mother name as one of the mortgagor and " for the principal and interest accrued from the mortgage we are selling this to you(buyer)", but she is not one of the mortgagor she never signed in the mortgage deed.

Its not that I want to gain something from this suit(if I initiate one), I am already well off with the blessings of my mother but just that I want to teach some lesson to people who think they can cheat a physically challenged person(any person for that matter) and justice will always prevail and evil minds will be punished one day.

Some thing more is concealed.

It is better to show relevant documents to a local prudent lawyer for appreciation of facts and professional advise.

If you have proof to prove that there was a mortgage deed executed involving your mother who actually did not sign the deed neither she was a beneficiary, then you can insitute a legal case against the persons alleged to have committed this offence.

But be aware that this claim made now is very badly barred by limitation, besides it should be yor mother who should file the case and not you because she is the one who is aggrieved by this act 

Many thanks for the responses.

@ Kalai selvan sir, my mother wants to initiate this through me, since she does not know anything about these procedures nor she can comprehend all these things, she is 60. 

Yes, we do have a proof, there is registered mortgage deed, we have the document copy with us.

You are not the direct party affected by this alleged fraudulent deed.

you can obtain a power of attorney deed from your mother and can file a suit.

But please remember that none of your efforts at this belated stage would ftech you any fruit at this stage.

It clearly indicates that any claim to be made as proposed by you is very badly barred by limitation hence the court will not entertain any claim at this stage.

Therefore any efforts put by you may not yield any favorable results. 

@ kalaiselvan sir,  i know you have giving valuable inputs, many thanks for that.

One question please, we are aware of this mortgage transaction only since 1 month back, will it not fall within limitation of three years ?
 

Also i would like to inform one more unearthing today from registrar office, in the same of year of mortgage(of Land A) they have also made another sale transaction (Land B) in which my mother is a not a party(her share in the property absolutely denied), simply they wanted to keep my mother in the dark about all these land transactions, for which we have received document copy today .... there is no will by any of the ancestors just clean and open properties for happy sharing among all the heirs, transacted with malicious minds to deny my moms share just because she does not have worldly knowledge and free movement due to her disability .......

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