Fraudalent transfer of house site by stranger to the property
Ravi Krishna
(Querist) 30 April 2016
This query is : Resolved
Sir,
My property was fraudulently transferred by Stranger or land graber who has no right in 2009 under registered sale deed. It has come to my Knowledge in april-2013.But I was not deprived off from my possession by purchaser of land till this minitue. If I try to file a suit for declaration of title and for cancellation of sale deed in march 2016, Judge says it is not maintainable in point of limitation even though I issued a legal notice in April 2013. whether limitation starts from the date of registration or from the date of knowledge to real owner. JUdge says you have to prove that you dont have knowledge about registration in order to number the suit. Tell me the authority and citation in point of limitation in above case.
Regards
Ravi Krishna
P. Venu
(Expert) 30 April 2016
If the transfer was really fraudulent and the seller really a stranger, the suit is not barred if you file a suit is for eviction of the unauthorised occupant.
You can as well go for a criminal action.
Kumar Doab
(Expert) 30 April 2016
Obtain a second opinion from a very able counsel specializing in such matters.
Illegality can not be converted into legality.
Rajendra K Goyal
(Expert) 30 April 2016
Judge seem to be right, agree with the expert Sudhir Kumar.
T. Kalaiselvan, Advocate
(Expert) 01 May 2016
Issuing a legal notice i the year 2013 and keeping quite for another three years may not give you any relief.
The limitation is three years from the date of knowledge of any such irregularity.
You compute the actual period from the date of knowledge to the date of filing the present suit and see if it has crossed the limitation period or barred by limitation.
Ravi Krishna
(Querist) 02 May 2016
Mr. Kalaiselvan,
Thank you very much for the information. I gave a personal complaint on 01.04.2013 to Sub registrar and district registrar and parties who involved in the fraudulent transfer at the moment I came to know the fraudulent registration,requesting the authorities to cancel the sale deed by adding the enclosures of earlier decree issued in my favour through additional senior civil judge in 2001. I also sent a copy to collector. By that time collector ordered for enquiry. District registrar conducted the enquiry. Parties who executed the sale deed never turned up. District registrar also never took this matter seriously.On 17.04.2013 I issued a legal notice to all the parties. The executant of the docuement expired. Hence I added their heirs as parties to the suit to explain how their father got the title on suit property before he sold it to others. There is no chance for criminal proceedings.The defendant in the earlier suit was different and the party in the existing suit to be numbered is different. Please tell me the limiation under limitation Act 1963 or suit valuation act or any other sitation for the above matter.
Kumar Doab
(Expert) 02 May 2016
You have posted in your last post, that:
"On 17.04.2013 I issued a legal notice to all the parties. The executant of the docuement expired. Hence I added their heirs as parties to the suit to explain how their father got the title on suit property before he sold it to others. "
If it is true why question of limitation?
Go for second opinion based on careful examination of all docs on record, and inputs from a very able and senior lawyer specializing in such/property/revenue/civil matters.
P. Venu
(Expert) 02 May 2016
Laws of limitation are of no application to illegal acts. Moreover, it is open to the queriest to proceed for the eviction of unauthorised occupant.
Instead, the queriest is taking a more onerous route. Why? May be, he is not fully honest with the facts.
Kumar Doab
(Expert) 02 May 2016
Reiterated:
Illegality can not be converted into legality.
Obtain a second opinion from a very able counsel specializing in such matters.
