A civil suit for cancellation of sale deed must be filed against whoever claims to be the owner. Also a criminal complaint must also be filed against that person for forging records and duping other people.
Regards
Land grabbing
Sir/Madam, My grandfather purchased a land in 1967 and he expired in 1982. After his demise, in the year 1986 a group of people created a fake GPA and sold the land to others and thereafter multiple transactions occurred. My father was regularly checking the ENCUMBRANCE CERTIFICATE of our land since 1982 till 2010. please note that till 2010, there was no reflection of any other names in EC. For the first time in 2010 , we encountered a fake transaction and then we filed a police case. But police department told to file a civil case. We approached one lawyer and told him to file the case. He cheated us by not filing the case for 6 years, so we changed the lawyer and filed a case first time again in 2016 and that lawyer too cheated us . So we approached another lawyer and presently we are following up the case. And my main question is... Does limitation act 1963 affect us because we encountered offence in 2010 and filed a civil case in 2016. Please suggest me any best idea to get stay order and then win the case because we are the actual owners of our land.
Asked 4 years ago in Property Law
Religion: Hindu
17 Answers
Please let me know how to file the case and please suggest main legal points or any reference judgements.
Asked 4 years ago
The trial is the most important and all evidence related to your ownership must be kept before the court.
Regards
What is the need of civil suit, this is clear case of cheating and forgery, IF police is not registering FIR, file court complaint.
Definitely limitation act will apply and you reason of lawyer cheated you for years, will not stand in court.
Yes it will affect us as you need to demonstrate the reason for delay. File complaint against the lawyers who cheated you in bar council and show the sand as reason. If the said delay is condoned your matter will be admitted
Criminal Complaints Cannot Be Quashed/denied Merely Because Allegations Appear To Be Of A Civil Nature
What is the stage of the case?
Why are you emphasising on limitation?
What is the necessity for stay?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Yes, the limitation act will effect you.
You will have to file an application for the condonation of delay with the reason for the delay that has been caused.
If you are able to give good and genuine reason with prove then the delay will be condoned.
Regards
You may please contact a local lawyer who may help you with regards to the same.
Regards
Suit to set aside fraudulent entry in revenue records should ha e been filed within period of 3 years of discovery of fraud
the delay in filing suit has to be explained by you
you should act as per your lawyer advice
See you can explain the delay and can seek condonation of delay by explaing the delay appropriately .
Further for stay on further sale of property you need to file an application for stay under exh. 5 and praying stay before the court.
Further you have to contest on point that the GPA was made after death , it is forged and they have cheated you.
See main point of contest is GPA is made and executed after death, which not valid and seek cancellation and possession of property.
you can very well go in the court with an application of condonation of delay with the reason of unawareness of law procedures and practices. if you need any other assistance you can contact any expert through this web portal.
Dear
In your case yes the limitation act comes into play because of delay in filing of suit after finding out of the fraud for avoiding yourself from this situation you should have make complaint of previous lawyer in his bar association for professional misconduct.
But now you can make application for condonation of delay due to misguiding by previous lawyer.
Hi,
The limitation act comes in play in all the cases. You need to give convincing reasons to court and then the case will proceed as normal.
Since you were in the knowledge of this fake transaction details in the year 2010, the time limit from that date is three years to request for cancellation of the said transaction.
However s the court has accepted the case to be taken on its file, you may proceed with the present lawyer but please follow it up regularly with the lawyer or else you may tend to lose this one also.
Since you have already filed the case what else is your requirement?
If you are yet to file a case then you have a new lawyer through whom you can file a fresh case.