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Challenging of documents sold during pendency of case

Querist : Anonymous (Querist) 05 November 2011 This query is : Resolved 
sir
i want to know limitation period to challenge registered documents.
in our case, my father got a grant of 3 acres of land for an upset price in1965.in 1997 some person impersonated my father and transfered it to his name and in 2005 he made a gift deed and transfered to his wife's name. we came to know it and filed a civil suit against him for cancellation of 1997 and 2005 documents and got temperory injunction from it's further sale in 2008. in2011 he got injunction vacated,and we challenged the order in high court. within that time he sold that property to another person on 56'th day of its order.
i want to know in our case, is it necessary for us to challenge registration of documents within pendency of case and is there any time limit to challenge it.
awaiting your valuable suggestion in this regard
thanks.
Advocate. Arunagiri (Expert) 05 November 2011
S.52 of the TP Act Lis pendens will operate. As per this any property transfer made, when there is a case is pending, it will not affect the rights of the party, if he succeeds in the case.
prabhakar singh (Expert) 05 November 2011
It is true that even if you do not implead this buyer he as per provisions of section 52
of T.P.Act would be bound by decree passed in suit as he has purchased after the institution of your suit,then any decree passed in your favor and against his seller who is already party to your suit would be equally binding on his buyer too.Therefore his impleadment as a party is not the legal necessity.If you want to implead him you can.
NORMALLY A CANCELLATION SUIT TO SET ASIDE A SALE SHOULD BE FILED WITH IN THREE YEARS FROM THE DATE OF KNOWLEDGE OF THE SALE.

BUT IN THE INSTANT CASE WHERE HE IS NOT A NECESSARY PARTY, HE CAN BE, AT YOUR OPTION, IMPLEADED AT ANY MOMENT BEFORE THE TRIAL BEGINS.
Shailesh Kr. Shah (Expert) 07 November 2011
agree with both ld. experts.


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