Void/voidable, limitation, court fees.
Quadir
(Querist) 04 November 2017
This query is : Open
Perhaps my query involves a question of law. It is about a document being void / voidable, limitation attached to it and court fees for attacking this type of document.
I have a perpetual lessee under a registered lease deed executed between my late father and him. A nominal yearly rent is fixed in the lease deed, which tenant/lessee is supposed to pay annually, failing which landlord (before my father, now me) shall have the right to re-enter the property leased.
Concealing this fact, recently the lessee SOLD the property to someone through a registered sale deed, showing himself as absolute OWNER of the property and gave away the possession to the purchaser.
Now questions are:
1. Is this sale deed a void or voidable document?
2. If it is a void document, still am I bound to take action against it within the limitation period of three years from its execution?
3. If it is void, then do void documents have limitations?
4. Do I have to get it cancelled and declared it as null & void with a prayer of getting the possession (as a consequential relief) ? If so, do I have to pay court fees ad-valorem?
5. Now my property is in the hands of a stranger and in order to get it back i have to pay court fees on the market value of the property, which doesn't really make sense. So what remedy do I have now?
( I am aware of SC Judgements- Shailendra Bhardwaj & Ors vs Chandra Pal (2013) 1 SCC 579 & Suhrid Singh vs Randhir Singh , AIR 2010 SC 2807. But they do not help in my case.)
Your answers would be much appreciated, thank you.
- Quadir
