My father took money from his brother on mortgage land. My father is blind and as well as illterate but my uncle (father's brother) registered land on his name instead of mortgage. It is almost 20 years over. Is It possible to fight in court to get our land back to our name ? If possible, what is the procedure we have to follow? Please explain in details. Thank you.
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The agreement on the basis of fraud and misrepresentation of material fact is void and can not be enforceable under law.
So you can file a suit for setting aside the gift deed.
Since time is very long it would be very hard to explain the delay and the fact that your uncle defrauded your father.
Anyway you can try your luck though chances of success is very slim.
Your father has to file suit to set aside sale of land
Executed in favour of his brother
2) take the plea that fraud was discovered recently and that he is illiterate and blind and was not aware that sale deed was being executed in favour of his brother
See your father has to file suit for cancellation of deed.on ground that it was done by cheating and since.your father cannot see and he was illeterill it was done illegally. A civil suit under specific relief act has to be filed.
Your father will have to file a suit for cancellation of sale or gift deed grounds of it been taken by the way of misrepresentation and fraud to set decide the illegal sale of land.
Application for condonation of delay explaining the reasons of inordinate delay should be filed along with the suit.
Dear Sir,
Yes, your father can file suit for declaration for cancellation of such sale deed. It must be said that the fact of fraud come to light very recently.
Section 31 to 33 of the Specific Relief Act, 1963 provides for the cancellation of instruments which reads as under:
When cancellation may be ordered:
(1) Any person against whom a written instrument is voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, atits discretion, so adjudge it and order it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.
Dear Sir,
You can fight by yourself as your is died.
1. Under the garb of a mortgage deed your father's brother got a sale deed executed by him.
2. Now the only remedy in the hands of your father is to file a civil suit for declaration to declare that sale deed was got fraudulenty executed by him, but he will have to prove it.
As per limitation act civil suit must be file within 3 years from cause of action or its knowledge but in ur case the time of cause of action is depend on other fact so better way is. take help from local lawyer.
The suit for cancellation of registered sale deed should have been filed within three years from the date of registration or from the date of knowledge.
When did your father came to know about this fraudulent act?
Is your father living?
If your father is not living then you have very less chance to dispute this issue that too after so many years.
Under whose possession is the property at present?
You need to file a civil suit for the same and show that you had the knowledge for the same. It will affect the limitation part as 20 years is big time. Still you can file condonation of delay and try your luck being your father an illterate and blind
yes you can contest in court
