Claim of family members is barred by limitation
2) land was sold in 2017 .suit to set aside sale deed shoukd have been filed within period of 3 years
Validity of registered sale deed of agriculture land
Person A was cultivating his brother’s agriculture land. Later in the year 1975, Land Tribunal at the tashil office has passed an order for Person A to be registered as occupant of the land based on his cultivation of the land. In all govt records like Phani,EC and Holding, Person A name was inserted. Person A is Hindu from Lingayat community(not an SC/ST) In 1994, Person A has sold this agriculture land through registered sale deed to Person B. Person A had 1 son and 2 daughters. Son has signed on this registered sale deed as a witness. Person B did mutation of this land in 2017. My question is can this registered sale deed be valid and can it be challenged by family members of Person A, as land was passed to them from tribunal? Will limitation laws prevent it?
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
- Since, the said land was given by the Land Tribunal to person A , then he was having his right to sell the same without taking consent of his son and daughter
- Hence, the registration sale deed is valid , and it cannot be challenged by family members of A.
- Further, the limitation period is also passed for filing a suit for cancellation of sale deed.
You can challenge it but limitation needs to be checked as it’s 3 years
The landed property was allotted to A by the government under a scheme, therefore he is the absolute owner of the same.
Being an absolute owner of the property with clear and marketable title and also after the expiry of the conditional period, the sale of property by A cannot be challenged by anyone for whatever reason they may rely
Dear Client,
Tribunal Order: The fact that Person A was registered as the occupant of the land by the Land Tribunal based on cultivation is significant. This might establish his rights over the land. However, the implications of this order on subsequent transactions would depend on the court.
Sale Deed: The registered sale deed indicates that Person A sold the land to Person B. If the sale was validly executed and the necessary legal requirements were met during the sale process, the sale deed could be considered valid.
Challenges: The family members of Person A might potentially challenge the sale deed on grounds such as fraud, misrepresentation, undue influence, or lack of mental capacity at the time of executing the deed. However, the viability of such challenges depends on the specific circumstances and the evidence available.
Limitation Laws: Limitation laws vary by jurisdiction and can impact the ability to challenge a property transaction after a certain period of time has passed. If there is a prescribed time limit within which challenges must be made, it could affect the ability of family members to challenge the sale deed if too much time has elapsed.
Hi, The registered sale deed is valid one you can't challenge the same.
Barred by limitation. Also if A is declared sole owner by Tribunal than sale is valid.
