The suit for specific performance is time barred and not maintainable. Suit for cancellation of invalid are to be filed in the same suit seeking amendment of ws making counter claim and paying court fee. you have to interpose yourself as plaintiff for the purpose of cancellation of sale deed.
Declaring registered document invalid
SENIOR LAWYERS ARE APPRICIATED AND CAN HAVE ANSWERE TO THIS CASE because it’s not a normal or simple case !!!!! My name is Mohammed. I have 2 inter connected questions: Un registered Agreement of sale: That one society agreed to purchase land of 1 acre in the year 1980 and date of performance fixed is on or before 1981. As per the agreement The vendor has to apply to ULC (for which the vendor applied immediately on agreement) and the vendee society shall obtain ULC clearance after satisfying the Govt. In the year 1993 without any sale deed and without any layout the society started issuing allotment letters (tentatively) to its members and encroached small piece of land. So the vendor owner of land filed suit for injunction against the society or its alleged members, the suit was ordered against vendor that members are in possession of plots. However ULC clearance was not granted till the repeal of Act in the year 2008. Society filed suit for specific performance of contract in the year 2009 against the vendor and the suit is pending till today. Further, Some subsequent Members with allotment letters sold the encroached plots to third parties without any mother document/ Title / Right (since society itself filed suit for specific performance) through NOTARY and those third parties who are not even members of the society created registered gift deeds in favour of their spouses to create document or title over the encroach piece of land so as their transaction should appear to be genuine so that they can avail loans or sell the property to 3rd parties without any right or title over the said plots. 1)My first question is, is the suit within limitation and Maintainable? 2) My 2nd question is, Can those registered gift deeds (created by 3rd parties who are subsequent purchasers through (Notary) from members of society Be challenged in main suit for specific performance of contract or has to be challenged in a separate legal proceedings in civil court? Or can be challenged before high court by making Sub registrar party? Thank you very much for your sincere Experienced advise.
Asked 5 years ago in Property Law
Religion: Muslim
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9 Answers
1 yes
2. To challenge deeds executed with third party they are required to be added as party to the suit.
1. Which suit are referring to ?
Is it the injunction suit or the suit for specific performance of contract?
Since the injunction suit has been disposed against the plaintiff, tht should not have any impact over the specific performance suit.
The pleadings and the arguments made in your support may help you to win the suit.
2. The subsequent development of registered gift deeds are not binding the society, as they are illegal ab initio, the affected parties may file a suit to cancel the said registration of the deeds.
No case in high court is maintainable in this regard.
1) Can the gift deeds be challenged in the suit for specific performance? Or it has to be challenged in a separate suit ? 2) is suit of specific performance within limitation and Maintainable?
Asked 5 years ago
Suit for specific performance is barred by limitation
2) you have to file separate suit to set aside registered gift deeds
It has to be challenged in separate suit
2) suit is barred by limitation
- All disputes with regard to a property has to be decided in the same suit. You can challenge the gift deed in suit for specific performance.
- Suit for specific performance is time barred and not at all maintainable.
1. The relief for cancellation of the registered gift deed also can be sought in the suit for specific performance of contract as an additional relief by paying necessary court fee separately for this purpose.
2. Generally the limitation for filing a suit for specific performance of contract is within three years from the date of agreement.
- An injunction suit can be filed at time , when the cause of action arose .
- The gift deed executed having no value in the eye of law, in the absence of title document of the property , and hence can be declared as null and void by the court after filing a suit for Declaration .
- Specific performance suit for performing the agreement and to get the order of execution of the title document
- Further this suit should be filed within 3 years from the date of agreement .
Dear sir/ma'am,
Once a thing is gifted, it can not be taken back. As per law, a gift deed can not be challenged if made properly.
The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion, misrepresentation etc
How to prove gift deed? In a significant judgment delivered last week, the Supreme Court held that unless the execution of a Gift Deed is specifically denied, it is not mandatory to specifically lead the evidence of an attesting witness under Section 68 of the Indian Evidence Act to prove the Gift Deed
Limitation for challenging a gift deed is 3 years from date of execution. But you can file petition for challenging the gift deed on ground of undue influence and fraud by brother along with application for condonation of delay.
