• 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.
My questions:
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
Religion: Hindu

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15 Answers

The suit filed to set aside sale deed appears to have been filed to fraudulently set aside sale deed

2) suit appears to be barred by limitation

3) suit ought to hav e been filed within period of 3 years and not after 40 years

4) she should be punished for fraud done by her

5) you have to make out a case that registration was properly done as she had property in other district too and at that relevant period registration was permitted

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

The suit for cancellation of sale deed is first of all barred by limitation and there is no defence with her to condone such delay as for all the long time of 40 year she was aware of the fact that land was registered on wrong footing,

Further the seller was not bone fide the purchaser were the minor and the guardian was seller herself so in that view purchasers were bone fide in that circumstances she cannot take benefit of her own wrong deeds.

No it is not permissible the limitation is 3 years.

yes she can be charged of fraud and breach of trust and cheating.

The sale shall not be cancelled after so many years as at point of sell it was clearly established by her that she has a land in that portion minors are bone fide purchasers so her suit is barred and shall be dismissed,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir, the said suit will be dismissed on the ground of limitation and there is no cause of action arose for the said suit. You have to file IA for rejection of plaint on the above said ground under order 7 rule 11 of Code of Civil Procedure. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Hello,

1) One needs to see the application she has moved in the court for cancellation of the sale to decide accurately what course of defence is possible. Ofcourse law of limitation can come into play. Of you address but party to the suit you need to be joined party as otherwise the suit is hit by non joinder of parties.

2) Using forged information is indeed an offence if she knew all along that there's was fraud. However she would take the defence that she is now trying to remedy as soon as she found out.

3) Show copy of the petition to a lawyer locally to get better assistance.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

1) On the basis of Limitation Acts, case could not be proceed by the court.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The suit for for cancellation of the sale deed is not maintainable after a period of 40 years as the limitation period for filing such a suit is 3 years.

Doctrine of acquiescence will prevail, which means in law that acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Firslty, every averments that we may put before the judge is bared by law of limitation.

Secondly, even if there are prima favour case of miscarriage of justice then also judiciary can’t do anything if it is bared by law of limitation.

Thirdly, in your case, it’s been 40 years which in itself a gross violation of limitation.

Fourthly, it may be rehextednon the first day of hearing or on the second.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It is really unfortunate having dispute with mother and advise you to settle the issue amicably otherwise let her prove fraud in the court why because she is also one of the party to document and at the time you are minor among both of you.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

It is necessary to peruse suit filed by your mother to advice

2) burden of proof is upon mother to prove allegations made in suit

3) take the plea it is filed as counter to partition suit filed by you

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

you can insert the discrimination shown by your mother on your children

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

See this is your defence and her love for one child though this is discriminating between boy and girl child but still that is not case here so you don't need to refer provision for this you can simple put this as Along with other defences in your reply.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Can't you request you mother to withdraw case from the court to stop all this allegations. and apologies to court.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

My questions:

Is it permissible after such a long time?

If she has not justified the delay and had not sought to condone the delay on the grounds she relies upon, then this suit for cancellation is not maintainable, it is very badly barred by limitation.

If she says she has done the fraud herself, could she be charged with criminal offence?

That is not your concern because the proeprty is registered on you and your brother's name, hence it may become fatal to your own case and you will suffer losing the property, do not take any such decision in haste.

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?

It is barred by limitation hence not maintainable.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You don't bring in your family disputes into this suit.

Her suit for cancellation is not maintainable at this stage.

Let she prove whatever she wants to say before court.

You can mention the partition suit in this issue and inform the court in your statement that hse in collusion with your brother is doing such illegal things.

You better concentrate in your partition suit properly.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

The case can't stand in Court as it is barred by law of limitation.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

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