PERIOD OF LIMITATION OF CIVIL COURT DECREE
BHUPAL SINGH
(Querist) 15 April 2010
This query is : Resolved
Dear Sir,
May I request the Hon'ble Experts to clarify the following--
Father 'X' inherits some Agri Land from his father in 1952. Later on he transfers 1/2 to his wife 'Y' in 1966.After death of 'Y' in 1982, the land is transferred to sons 'A' & 'B' and daughter 'C' in equal ratio. Daughter 'C' transfers her share to father 'X' vide a Civil Court Decree in 1991 with mutual consent. Mutation of this is NOT got done in favour of 'X' in revenue records and the land continues to remain in the name of 'C'. After death of 'X', daughter 'C' trasfers half of her share to brothers 'A' & 'B' equally in year 2002 and the mutation is got done in revenue records. Son 'A' sells his entire land ( i.e. his inherited share+land relinquished by sister 'C' in his favour) in the year 2009. Rest of half share continues to remain in her own name. After death of father 'X' in 1999, son 'B' produces a fake & unregistered WILL according to which he will inherit all assets owned by father 'X'. Son 'B' is now NOT letting sister 'C' to take possession of her share, which even now stands in her name in revenue records. He is also pressurising Patwari & Tehsildar for mutation of land (transferred by 'C' to father 'X' vide Civil Court Decree in 1991) in his name. Please clarify--
a. Can son 'B' now legally ask for
mutation of land awarded as per
Civil Court Decree in 1991 to father
in favour of father 'X' or in his
own favour after a lapse of 19 yrs ?
A part(1/4th)of thisland has already
been sold by other son 'A' in 2009
and the buyer has already got the
mutation done in his own name.
b. Can some one quote the Supreme Court
judgement as per which, if the mutat-
ion is not done within 12 yrs after
award of Decree, the Decree cannot be
enforced or in other words,the Decree
becomes void ? Is it provided in the
Limitations Act that a Decree becomes
void after 12 yrs or it cannot be
enforced ? If so, can you quote the
relevent Sec of the Limitations Act ?
c. There is a Supreme Court judgement,
which I read in Hindustan Times, many
yrs ago, according to which, any prop-
erty made with purely from the income
form inherited property (that is the
person doesnot have any other income)
takes colour of inherited property,
which means such a property de-facto
becomes inherited property. Can some
one quote this or any other such judg-
ment in supporty of this ?
Bhupal Singh
Raj Kumar Makkad
(Expert) 15 April 2010
a. No. A has got no legal right to challenge the settled things at such belated stage.
B. Sasi D. versus .s. Devadas 2009 (1) RCR (Civil) 96 (Kerala). {Section 12 of Limitation Act}
BHUPAL SINGH
(Querist) 16 April 2010
Dear Rajkumar ji,
1. Thanx for your clarification/advice. I have not understood your remarks that " A has no legal right.....". It is son 'B' who wants the mutation of land( which was Decreed by Civ Court in 1991 in favour of father 'X' ) in his favour as per fake 'WILL'. A is out of picture now, having sold his share of land ( including land relinquished by the sister 'C' ). Can you clarify the exact position ?
2. Is it possible to read the the Sasi.d v/s S.Devadas judgement on line, since I am abroad and have no access to Indian Law Books. If so, can you e-mail the website from where I can download this ? My e-mail Id is bsec234@hotmail.com. I shall read Sec 12 of Limitations Act and come back to you for further clarification, if any. Will it be in order, if you can e-mail your e-mail ID & Ph No, so that I can address you directly ?
Bhupal Singh
Australia
