• Exchange of properties

Hi, Sir/Mam, My question is related to agriculture land and village residential properties situated in Sirsa (Haryana). In 1992, My grandfather exchanged his agriculture land with a third person having a residential plot at village. It is found by me on the later stage the third person got my grandfather agriculture by court decree on the the basis of exchange. But on ground the third person is still occupied the said plot. This plot is under Lal Lakir. The third person got my grandfather agri land but he had not given the said plot to my grandfather. My grandfather is not alive now. Can I file a case to get our exchanged property. Can I challenge the 420 decree done in 1992 by my grandfather. Please give appropriate legal advise.
Asked 1 year ago in Property Law from Sirsa, Haryana
I regret to inform that it is too late now.
Now you can not file any kind of suit to get back the land as the suit to be filed  is hopelessly barred by law of limitation.
Rather convince the person to return your land. You can think of filing cheating case which has no time limit.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
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1)why didnt your grand father take legal proceedings for period of over 20 years?. delay of over 20 years in moving court has to be explained 

2)legal heirs of your grand father can issue legal notice to third person to vacate the said plot

3)if he fails to vacate file suit for eviction . . rely upon the court decree
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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The maximum time limit to file such suit is 12 years which has passed in  this case.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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under provisions of limitation act application for execution of decree has to be made within period of 12 years . in your case more than 23 years have passed .

there is no harm in issue of legal notice . mention about your grand father and father being illiterate
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1. You can file eviction suit against the said person siting the court decree,

2. You shall have to explain for each days delay after the limitation period of 12 years,

3. You can say that you have recently come to know about the said court decree,

4. Engage a local lawyer having expertise in property matters.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Yes, as advised in my earlier post you shall have to take the stand that you came to know about the said court decree recently,

2. If your delay is condoned by the Court, your eviction suit will be through.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. File the eviction suit as suggested in my earlier post,

2. File petition for condonation of delay in filing the said eviction suit,

3. You have no option other than filing the eviction suit which you should file now with out any further delay.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. What is the date of the decree passed by the court?

2. If the court had passed an order in favour of your grand father then he ought to have moved the court without delay to get the land which was given to him.

3. The time which has elapsed as from the date of decree would be crucial to the decision of the question in controversy.

4. Your grand father's legal heirs can now file a case to get the land which is being illegally occupied by this man. The delay will have to be explained.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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1. Illiteracy is not a ground to file a case belatedly. 

2. You can move to court but you will have to explain the delay.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1. Certainly heirs have right to claim their legitimately inherited property but the law says that they shall have to seek justice within n the limitation period otherwise it will be treated that they have no right to make such claim for their sleeping for such a long time,

2. As suggested in my earlier posts, you shall have to file a seperate petition praying for condonation of delay sitint reason for each days delay,

3. Your prime reason to be shown for the said delay is that you came to  know about the said Court decree only recently while going through the papers left by your illiterate father,

4. As advised earlier, engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The heirs inherit the property of the deceased person and can exercise all rights which an owner of the property can. If the inherited property is denied the heirs can seek the necessary relief from the court.

2. The above being said, you must understand that the heirs cannot file a case at any time. There is a strict time limit within which the case is to be filed. 

3. You can claim the property which was being given to your grand father and is now being illegally occupied by this person. However, you will have to explain to the court as to why you took so long to avail your legal remedies. 

4. If you came to know recently about the transaction then the court may in its wisdom condone the delay. As I mentioned previously, the illiteracy of your family members is not a legal ground for delayed filing.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
You can also file a case for cheating if the facts leave a scope for it.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
Hello,
1) Despite the disadvantage of limitation of time, you can file a suit for eviction praying to condone the delay in filing the suit.

2) Although illiteracy of previous generations won't stand any ground in terms of condonation of delay. The fact that you are an heir and you had no knowledge of the state of affairs and you came to know of out only quite recently.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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1) you have to in your condonation of delay application mention that your father / grand parents were ill literate and fraud was discovered recently

2) as legal heirs of your grand father you have right to stake your claim for the property 
3) you can also file case of cheating , criminal breach of trust against the third person
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi, if your father is alive then file a suit for partition and in the petition you must plead that you are family is enjoying the property and you ask for partition and separate possession of the property................. if there is any limitation aspect he has to approach and he has to prove before the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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