Due to family problem two sister has made civil case in 2019 for their property right on his brother and on Registered sale properties owner in 1986.wherein on sale deed one sister has sign as witness of sale deed and now in suit they claim that above sale was done with out their consent,and they are unaware of sale of property,ask court to give their property right after 32years and cancel the sale deed and all land record changes.
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Suit is barred by limitation and also she has lied in court that sale executed without her knowledge. She has sign has witness - at least had information and involvement in sale.
Her case will dismiss due to barred by limitation and misleading court to obtain favorable order.
One sister has signed as witness she was fully aware regarding sale of property in 1986
2) suit to set aside sale deed should have been filed within period of 3 years
3) as far as second sister is concerned if she is able to explain delay in filing suit she would be entitled to claim her share in property
The law of limitations shall be applicable in this case and it has to be shown that they didn't know about the sale. Also some money must have been paid to them through cheque or cash transfers. That can be shown to support your case.
Regards
See the brother can contest as per limitation and also since sign of once sister as witness is there it can be contested on that ground written statement to suit and rejection application may be accordingly filed.
1. Civil Case by sisters, is legally Time barred, more so after 32 years, under the provisions of the Limitation Act.
2. Move proper application in court, to dismiss the case, on above grounds.
You need to wait till the Court order
Please put down your legal query ?
Regards
1. If the plaintiff has signed as witness on the sale deed which she has challenged then it repels her claim that it was done without her consent.
2. Contest the case fittingly.
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.
1. The suit for claiming rights in sold property is not maintenable after 10 years of sale because of limitation period.
2. The suit is only maintenable if they can prove that they didn't have knowledge of sale recently came to know about sale of property.
Seeking cancellation of the sale deed after 32 years is not valid and not maintainable.
However if they have filed a partition suit then it may be valid provided they have not been given any share in the property nor even the consideration amount.
So revert with details of the case to advise you accordingly.
