Cancellation of sale deed
My mother had registered a piece of land in Balasore town, odisha, in the name of her two minor sons (myself and my younger brother) 40 years back. now she has filed a case in the court of sub judge, Balasore, to cancel that sale deed on the ground that she had fraudulently registered it in another registration circle (Baliapal) by citing ownership of two pieces of land of 0.3 decimals of which she was not actual owner. Actually the land should have been registered in the Balasore district registrar office under whose jurisdiction the land was present. But at that time, the Odisha registration Law permitted this land's registration in another registration office if you possessed some land/property under the jurisdiction of that other registration area. Now that law does not exist.
She has filed the case on the ground that she did not possess any land in that other registration area (Baliapal). Now she says that the property that she had shown as possessed by her in the sale deed was false, which is why it is a Fraud Registration which she had done 40 years ago. Because, according to her, the registration was done fraudulently, the sale deed is void, and she has petitioned before the court to cancel this sale deed and property should be transferred back to her name.
Is it permissible after such a long time?
If she says she has done the fraud herself, could she be charged with criminal offence?
Even if she says it had been done fraudulently by her, doesn't it mean that as she is the one who has done the fraud, she was aware of it all along, so now after 40 years , Law of Limitation would bar this case and the judge should dismiss it on that ground?
Asked 4 years ago in Property Law
i am not able to attach the contents of the original suit filed by my mother (actually all dealings are done by my younger brother, with whom i already have a partition case going on for the same above-mentioned property in the civil court.this case was instituted right after i filed a partition case. as my useless, unemployed brother is living with my parents on that property along with his wife and son, he has brainwashed and persuaded my mother to do so, mainly because she has weakness for grandson and i happen to have only a daughter, and she has no love or affection for her granddaughter). Can this be inserted in our defence argument as an additional text, since the cause is very clear here as to why such an old lady would go to such an extent to file a suit in court and claim fraudulence that directly implicates her. if so, what sections or acts can be referred to?
can any supreme court verdicts be mentioned here for reference where cancellation of registration deed is dismissed, not allowed under any circumstances, and prohibited, following such absurd applications
Asked 4 years ago