Limitation

Querist : Anonymous (Querist) 18 June 2020 This query is : Resolved
learned experts,
My cousin has sold a land in which my father and his father had joint title.
Both of them are no more. He stealthily mutated khata into his name.
May I know what is the limitation for a suit with following reliefs:
suit for cancellation of sale deed, declaration of title and partition.

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Dr J C Vashista (Expert) 19 June 2020
Mutation of khata do not confer title of any immovable property.
Whether the property was self-acquired by your father and uncle or ancestral ?
Either your father or uncle has executed any will in favour of your cousin ?
Challange the sale deed, possession, damages and permanent injunction within 3 years of knowledge of transaction.

P. Venu (Expert) 19 June 2020
Had your father and/or his father executed any Will? Who are their legal heirs? Have you examined the registered deed? What are the recitals therein as to his title to the property?

Rajendra K Goyal (Expert) 19 June 2020
Agree with the advice from expert Dr. J.C. Vashishta ji.

Dr J C Vashista (Expert) 19 June 2020
Thank you Sh. Rajendra K Goyal ji for agreeing with me.

Raj Kumar Makkad (Expert) 19 June 2020
This is a crimiinal case also. File a FIR against your cousin and all such persons who identified him as the sole heir of the deceased persons on the basis of which he succeded in getting the khata entered solely in his name. As the act on the part of your cousin is based upon fraud and misrepresentation, there is no limitation to file a civil suit seeking setting aside katha and subsequent sale-deed by your cousin in the name of a third party.

Rajendra K Goyal (Expert) 20 June 2020
From the facts there are enough grounds to proceed with a FIR against your cousin.

SHIRISH PAWAR, 7738990900 (Expert) 20 June 2020
Hello,

Agree with Makkadji that there is no limitation to challenge the revenue entries. Approach revenue court / circle officer or collector and challenge the khata entry before him. You can also approach civil court and file civil suit challenging the khata entry, sale deed etc.