Suit if any to set aside gift deed would be barred by limitation
there is delay of 34 years in filing suit
you would not not get any reliefs from court
Uncle took my father's land 34 years back. Is it possible to fight?
34 years back my father's land forcefully registered on his name by my father's brother (and also his son), in 1985. They bullyed our parents harm your children. My father and mother both were uneducated. My father was blind. They both scared and registered land on their name. We are 5 children. At the time of registration only my sister having 16 years and remaining all are less than 15 years. My father and my mother were asked my uncle and his son multiple times give our land back but no use. They didn't give back. Now my parents are both died. Is It possible to fight in court ? Is there any specific section to fight ?
Asked 7 years ago in Property Law
Religion: Hindu
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8 Answers
See you can file for cancellation of such registration by filing suit in the jurisdictional civil court though you have to first file for condonation of delay explaining the long delay for filing this suit secondly you need to have strong evidence that land was registered with force and fraud in uncles name mere submissions won't help.
As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.
Dear Client,
Without proof of coercion / fraud, property cannot be reclaim. Through what mode, property transferred in their name ?
You can try to file a case stating that you got the knowledge now about the same. You need to challenge the said Registration and cancellation of the same through civil suit. If any force is also applied then you can file FIR also.
- As per the information mentioned in the present query, makes it clear that the incident happened a very long time back.
- Though limitation period wpuld come in your way for surely, but you can prevail over the limitation period which is 20 years to challenge any such case like yours.
- And you can also take the help do tutor father and liter being uneducated and your father being blind that they forcefully got it happened.
- In fact, they may also be put to a question as to why they did not or whether they did pay some consecration for taking the land or not. If yes, then they must be having some proof which I believe that they do not have as they never paid anything. Or otherwise, their act of coercion will come before the law.
Good Luck...!
It may not be possible for the children of the father/land owner to file any suit to retrieve the property which was transferred by a registered deed around more than 3 decades ago.
Your father alone was the right person who could have fought legally to get back his property if he believed that this was taken away by force from him that too within three years from the date of such transfer.
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Dear Sir,
The law says twelve years is the limitation to claim partition. You must say that cause of action arise only within 12 years. Secondly a minor can exercise his powers within 3 years after attending age of majority. You can file a suit for partition immediately and make your uncle and his family members to settle the matter which will happen.
