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 2 years ago in Property Law from Thane, Maharashtra
in case it is decided that my case is time barred in high court then what are my chances in double bench or supreme court and what ttime it may take opposite party is big builder he is interested in drging the matter sine i have not recieved stay order from high court
Asked 2 years ago
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
1) has HC rejected your application for interim reliefs?
2) if so then you can move appellate court for necessary reliefs
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.
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.