Limitation period
akash jain
(Querist) 06 September 2009
This query is : Resolved
Sir,
please let me know,what is time limitation to file or challenge in civil court or file a criminal case ,if a person find or came to his knowledge that his property is sold without his knowledge and property is resold to third party?
we want to know,because we purchased property 30 years back, and are paying all dues etc in muncipal dept and electricity dept as owner of property ,since from its purchase i.e from last 30 years and are staying there only from that time.It is a residential property.We sold a part of the same property atleast 10 year back and is in knowledge of our original seller.
But know he is refusing the original registry in the civil court ,where we filed title deed case against them.
Please let me know the limitation period to challenge any Registered document ?
can anyone can challenge anytime,even after 30 Yrs of sale Registered Agreement and resale to third party 10 years back?
please suggest your valuable opinion and obliged.
akash maheshwari
Jithendra.H.J
(Expert) 06 September 2009
3 years from the date of knowledge
Adinath@Avinash Patil
(Expert) 06 September 2009
Limitation period is 3 years from the date of knowledge.But in your case depends upon facts.If you have any record/documents to show that opposite party have knowledge of sale deed then opposite party can't succeed.riven
Bhumik Dave
(Expert) 07 September 2009
As per limitation act civil suit must be file within 3 years from cause of action or its knowledge but in ur case the time of cause of action is depend on other fact so better way is. take help from local lawyerriven
akash jain
(Querist) 07 September 2009
Sir,
Thanks for replying to me.
Sir,In our case-
1] We sold part of the property purchased, to third party,and the knowledge of which came legally in year June 2005 to our seller,and he first appered in court in March 2007.What is time Limitation to challenge in such a case?
We submitted our original registries as secondary eveidenses in a case against seller,in year April 2004 in a case in civil court ,that time also they didnt challenged our registries,but in title deed suit filed by us in civil court,in March 2007,they refused the Registered sale done in yr Jan.1979.
What is know,limitation period for them to challenge us in civil court?
2] we purchased by Registered sale deed,and got name transfered in Muncipal and Electricity Dept immediatly after i.e 30 yrs before ,and since paying all the dues in our name. Can a person can claim,that he is not aware of sale of his property,whereas we were paying all its dues etc in our name as legal owner ,since from last 30 years?
3] Please tell,what are the clauses u/s 84 of Limitation Act.
Under it 2 years is mentioned for challenging and some where I read time limit of 1 year for challenging in such a case.
Thanking you Sirs.
Yours .
akash maheshwari
riven
vinjamuri ranga babu
(Expert) 09 September 2009
hi,
ur question is not clear.
quetioning the sale deed it is three years from the date of execution or from the date of knowledge of that execution.
vrriven
