• Cancellation of sale deed

Sir, I am Sreenu, 43 years, from Madanapalle, AP. The property belonged to my father Krishnaji Rao. My father died on 21/09/2004. My mother, myself, my brother and two sisters are the LRs of my father. Recently we went revenue office to change the names our names and to get Pass Book of the land of 3.2 Acres. Revenue people informed that they already issued P.B to some Lakshmamma. When we enquired we learnt that Lakshmamma obtained sale deed in 1978 from my father. My father was with us till his death. He never said about the alleged sale deed. We are suspecting the deed. Lakshmamma obtained Pass Book of the land and took possession high-handedly. We are willing to challenge the sale deed and get the possession back.
Facts:
1. My father had written gift deed to my mother in 1972. (Though the names were not changed in the records).
2. Lakshmamma took possession in 1978 as the land is DKT (Govt. land given by Govt. for agriculture). But in the records of my father, it was registered property.
3. Signature of my father in the documents created seems forged.
Queries:
1. We came to know that, there is a limitation of the time period to cancel the sale deed. If it is so, please confirm the time period limitation for the cancellation of the sale deed through court.
2. Whether we got limitation to approach the court to cancel the sale deed made in the year 1978.
3. Any such other suggestions from the team of experts, how to proceed with the case.

Regards,
Sreenu
Asked 12 months ago in Property Law from Madanapalle, Andhra Pradesh
Religion: Hindu
1) period of limitation would be 3 years from discovery of fraud . 

2) if you came to know of the fraudulent sale deed now you can file suit for setting aside sale deed within period of 3 years and for declaration that your mother and other children would be owners of land on your father demise 

3)as far as gift deed is concerned if it is not stamped and regd it is not admissible in evidence 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
In your case limitation will start when you came to know this fact. So your right is not barred by limitation.

Challenge the sale deed before civil court and also file an fir for forgery and extortion. Property is in your possession and a gift deed was made in your mothers favour, these  grounds make your case maintainable.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Limitation starts from the date of knowledge of coming to know of the fraud played out by Smt Lakshmamma as regards your father property. Prescribed limit is 12 years.
In such cases it is always better to obtain certified true copies of the documents you think might be forged and after due and proper verification hand over these to an advocate and consult them for a proper advice. Without verification and scrutiny of the documents it becomes hard to lend an advice.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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1. If your father executed a gift deed in favour of your mother which was validly executed then he ceased to be the owner of the property as in case of gift deed the transfer of title is instantaneous unless otherwise provided in the gift deed. As a corollary thereto, he could not have dealt with the property of which he ceased to be the owner.

2. Your mother, if alive, has to challenge the sale deed made by your father. If she is deceased then all or any one of her children as her legal heir(s) can challenge the sale deed in the court. The law of succession would open up if the court holds the sale deed as illegal.

3. The time limit to challenge the sale deed in your case is 3 years from the date of knowledge, but do not delay as delay could be fatal.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
1. We came to know that, there is a limitation of the time period to cancel the sale deed. If it is so, please confirm the time period limitation for the cancellation of the sale deed through court.
The limitation for this is three years from the date of such registration or three years from the date of knowledge of this forgery.



2. Whether we got limitation to approach the court to cancel the sale deed made in the year 1978.
Since you people have become aware of this forged act only recently, you have time to file a suit within three years from the date of this knowledge. 



3. Any such other suggestions from the team of experts, how to proceed with the case.
From your contents there seems to have occurred some fraudulent transactions due to ome forged acts by the other party, you better consult a god advocate and fight the case till the end.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Hi, here you don't have the knowledge of the execution of the sale deed by your father and it was a fraud sale deed and you have no other option accept challenge the sale deed so you have to file a suit for Cancellation of sale deed and deceleration that you are the absolute owner of the property and also for possession of the property. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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