In cases of fraud, the three-year limitation period under the Limitation Act, 1963 generally begins from the date of knowledge of fraud rather than the date of execution of the sale deed. Since you became aware of the fraud in June 2024, you may have three years from that date to initiate legal action, meaning you could potentially file a case until June 2027. However, you must provide evidence that you only discovered the fraud in June 2024.
Simply filing a complaint with the NRI Commission Punjab may not be sufficient to satisfy the limitation law, as such commissions are generally advisory bodies and do not have the power to adjudicate title disputes or cancel sale deeds. To properly challenge the fraudulent sale, you must file a civil suit in the appropriate court seeking cancellation of the sale deeds under Section 31 of the Specific Relief Act, 1963 and a criminal complaint for fraud, breach of trust, and misappropriation of funds against the POA under the Indian Penal Code (IPC), 1860.
To safeguard your legal rights, it is advisable to file the necessary court case as soon as possible rather than relying on the commission’s complaint process. You should also consider filing a police complaint against the POA for criminal misappropriation of funds.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor