• Court against my brother who sold our fathers property without my consent

My brother has sold our fathers property in 2011 i was not aware as i am married n stay with my  husband  in 2012 i file  r t i and got all sale deeds etc.filed suit against brother in 2014 brother has filed objection under sec 9a saying father died 40 years back n suit is filed now hence is time barred  arguments for 9a will come in june 2016 .my arguments are just that i came to know in 2012 and filed in 2014 hence it is within limitation i have filed certified copy of the agreement received by me under r t i which shows the date of 2012 what are my chances t win 9a
Asked 8 months ago in Property Law from Thane, Maharashtra
Religion: Hindu
1)if you were not aware of fraudulent sale of property you can file suit within period of 3 years from being aware of the fraud 

2) you are legal heir to the property and your consent was necessary for sale of your share of the property
Ajay Sethi
Advocate, Mumbai
24806 Answers
1331 Consultations
5.0 on 5.0
1) has HC rejected your application for interim reliefs? 

2) if so then you can move  appellate court  for necessary reliefs 
Ajay Sethi
Advocate, Mumbai
24806 Answers
1331 Consultations
5.0 on 5.0
Your chances are bright if you can prove that you came to know about it recently. The double bench or SC will apply the same law as will be applied by the ld.single judge. 
Ashish Davessar
Advocate, Jaipur
18883 Answers
472 Consultations
5.0 on 5.0
Hi, you have to file a suit for cancellation of the sale deed or set aside the sale deed  and as per  Article 59 of the Limitation Act 3 years from the date of your knowledge.

2. From your averments you come to know the sale transaction in the year 2012 and you have filed  the suit in the year 2014 so you are well with in a time.
Pradeep Bharathipura
Advocate, Bangalore
4161 Answers
141 Consultations
4.3 on 5.0

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