LIMITATION ACT AND PROPERTY PURCAHSE IN MINOR AGE

Querist : Anonymous (Querist) 04 December 2009 This query is : Resolved
Plantiff file a benami property case against defendent No. 1 ( real owner of property) with foreged documents of 19 years old Housing society informed the court that according to their record these documents are not submit in society and according to society Defendent No.1 is the real owner of said property.

Plantif fail to proof benami in evidence.

Please inform me that the Limitation act is applicable on this case and this case is time barred.

Is He who alledges a fact shoudl prove the same.

An the burden of proof should be proved by the person who lays cliam as Benamidar.

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adv. rajeev ( rajoo ) (Expert) 04 December 2009
You have not asked the question properly. You have said that plaintiff filed suit against the def who is the real owner of the property, but plaintiff failed to prove.
When you have said that defendant is real owner it was not necessary to file the suit.

Raj Kumar Makkad (Expert) 04 December 2009
You mean that the case of the plaintiff should be dismissed as it is beyond limitation and is based over fraud as there is no any evidence in his favour qua the entry in the register of housing society.

I agree with you. Whosoever asserts must prove, it is an established law so the plaintiff is bound to prove his claim and if he fails then benefit shall definitely go in favour of the defendant.

N RAMESH. (Expert) 04 December 2009
Further particulars are required as to the year of purchase and the year of the filing the suit. The relation between the parties.

The claim of benami transaction is prohibited under Benami Transaction Prohibition Act.

Querist : Anonymous (Querist) 04 December 2009
YEAR OF PURCHASE AND YEAR OF SUIT
My maternal uncle ( real brother of my mother )purchased a property on my name when I was minor [ at the age of 10yrs]. My uncle purcahsed this property wish of my deceased mother at that time my mother was cancer patient) this property was purcahsed in 1974 and my maternal uncle was issueless till his death. After the 14 days of death my maternal uncle My father file a suit of benami (in the year 2000) that the property was purcashed by them and attached the forged document of forged gift deed which is not registered. During the evidence my father failed to proof.cooperative housing society submit reply as defendant No. 2 in court that gift deed is forged in society these document were not submit in society. Last year my father died. My father failed to proof benami. Now the case on arguments please advise me and send me some case laws to help me in this case

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