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Experts Exchange

Cause of action in case of void/ voidable sale deed

Posted by Bhumika

My father purchased a agriculture land in 1987 and paid for that land. The owner gives irrevocable power of attorney to my father and as an attorney my father got permission for non agricultural use and than divided it in 20 plots.and made a sale deed in favour of my mother for the 5 plots. After that my father started the factory of fertilizer in the said land. But after a year my due to the loss in bussiness they closed the factory.and shifted to the other city. And construction of factory was there on the land till the 2006. My father is missing from 2004 after the two years in 2006 my mother visited the land because she needs to sale the said land for survival. But when she visited the land she comes to know that someone else is in the possession of our land. Than my mother go to the police station to file the complaont but the police in return threat to my mother to dont do any complaint. And also the person who was in possession threatened my mom to not to complaint and legal procedures and the person is a sarpanch of the village. And threatened my mom to sign some papers my mom refused to sign. But she can not file any suit due to the constant threatening. But now i am studying llb so i inspected the documents and came to know that some goons and a lawyer made the land scam they got cancel the order of non agruculture use and transfer the land in agriculture again with the help of the main owner by making false sentences and afgidavits that none of the plots are sold after the permission of non agriculture and submit the certificate of the talati in support the same. And sale the land again to the other party. And after that two more transaction of sale have been made.

After collecting all the papers i made a police complaint for perjury and forgery.

Bit now i want to file a civil suit for the cancellation of the total thre sale deeds. From which first sale deed is registered in the year of 2006 second one is in year of 2008 and the last one is at the year of 2010

Now i want to file a civil suit to declare the all the sale deed void as above.

1. Knowledge about the land scam is the sufficient cause of avtion? My age is 24 , my mom is 64. the suit barred by limitation act for time limit delay in filing suit because of threatening is sufficient reason to condon the delay?

4. Still they are threatening us to not to file a suit. This threatening can be used as the constant cause of action ?

5. My mom came to know in 2006 that our land is in the possession of others. But she dont know about the sale deeds.

In 2017 i came to know about the said sale deeds.

Than which one from above is the cause of action ?

When my mom comes to know about posession

Or when i came to know about the sale deed?

6. Is there any chances to success in the suit ? Please advise,.......

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Updated on : 20/04/2018 01:52:08


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