Cause of action in case of void/ voidable sale deed
Bhumika
(Querist) 19 April 2018
This query is : Resolved
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.
2.is the suit barred by limitation act for time limit
3.is 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,.......
Ms.Usha Kapoor
(Expert) 20 April 2018
For recovery of immovable property time limit is 12 years.Limitation starts when you came to know about sale deed. You can file a suit for declaration of title to suit property and recovery of possession in civil court.Take legal heir certificate from local Tehsildar.
P. Venu
(Expert) 20 April 2018
It appears that the title of the property was not transferred to your father; may be the sale deed was not executed. Else, how come your father had to act upon the power of attorney?
Kumar Doab
(Expert) 20 April 2018
Your father had irrevocable PoA and if this PoA vested power to sell then he had power to sell.
The agent has to maintain the trust of principle.
The authority under whose jurisdiction property was/is granted NOC/CLU.
What defects are being cited to reclaim he property?
Kumar Doab
(Expert) 20 April 2018
Other threads posted by you are;
http://www.lawyersclubindia.com/experts/Declaration-suit-without-seeking-possession-676401.asp
Mother purchased from main owner.
http://www.lawyersclubindia.com/experts/Evidence-at-the-stage-of-arumentss-620011.asp
Sister is Lawyer and has got the sanad.
http://www.lawyersclubindia.com/experts/Civil-death-of-an-abscond-646206.asp
Who is missing since 2004.
Your father or uncle or both?
http://www.lawyersclubindia.com/experts/How-to-get-expert-report-625186.asp
Compensation from builder
Kumar Doab
(Expert) 20 April 2018
What exactly is the matter!
NO doubt as per your posts you are mentioning that IT is complicated.
Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…………………..
Bhumika
(Querist) 21 April 2018
Yes my father ...purchased the land. I just changed the character because it was personal .... And its true that my sister is a lawyer ..but she is not practicing now. I am a law student And i meet the many local lawyers. But i am not satisfied by the answwers given by them. And we cant afford the "LOCAL senior counsel of unshakable repute " as i am a student i have a brother and a sister . And as my father is missing ,my mother is the one and only person who is earning. Thats y i want to file suit my self. I know i have not enough knowledge about thre revenue and civil matters. And the opposite party who is in the possession of land is a gang of goons. And they also involved in the many serious crime including 3 to 4 murder cases. One of them was a lawyer. Thats why no local lawyer or counsel want to involve in this matter. It is the second reason because of that the local counsels cant help us. So my humble request to you to guide me to file a suit. I have already filed a police complaint and they already started threatening us. Not to file a suit. But i want to fight back. Please help me i need your valuable advise.its my humble request
Ms.Usha Kapoor
(Expert) 22 April 2018
You are go9nginthe right direction only./ Challenge all the 3 illegal sale deeds one by one and prove your title and get back your possession of suit property.
Kumar Doab
(Expert) 22 April 2018
In such matters one may 1st of all find LOCAL counsels that take up matters of big colonizers....
They don't bother and care for such minor thugs....posors and impostors...
And being a lawyer (involved with such thugs) or having a Lawyer (for such thugs) does not matter....
Such entities come and go...
Kumar Doab
(Expert) 22 April 2018
The trespasser having dishonest possession can be evicted by you.....
Get in touch with such counsels......................
You are young and apparently are all females....(you, your sister, your mother) ....
Such counsel may not ask for any FEE at all and/or in advance and may agree for any amount/fixed amount/negotiated amount to be paid later....
Kumar Doab
(Expert) 22 April 2018
Ms. Usha Kapoor is a kind hearted Lady..
I also join her in wishing that you may win the case...
