24 years old Sale deed


My father has purchased a plot in 1980. in 2004 one of the family members claims his 1/2 share in it. he has filed partition suit against the seller and my father and prays for cancellation of sale deed. whether the sale deed will be cancelled if his share is proved in the court.
 
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one of the family members of seller
 
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Yes, if his share is proved it will lead to cancellation of sale deed to the extent of half share,


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Sir, kindly guide me about the limitations applying in this case.
 
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yes. it can be but it's not easy to do also he can claim amount for the same from the seller.

For Free legal advice or more information or advice please contact us 9 to 6 on whatsapp 9999121211 or rupin.lawjunction@gmail.com.

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Limitation is three years starts from the date of knowledge

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Retired employee.

From the contents of the query, the presumption is that the other co-sharer may be a minor.  You are not the affected party immediately, and you are in possession of the property and arrayed as a defendant.   when the matter is already in court, let them make a decision, and as an innocent third party, the court considers your position unless the sale is collusive.  Unless full facts are known, on basing outlite no one can provide you opinion on limitation period..  It depends on facts of the case, circumstances, allegations of fraud, misrepresentation etc.  Any joint family property can not be sold by a co sharer unless it is divided through metes and bounds and allocated as his share.  Even if the other party succeed, there may not be imminent danger as your purchase can bind the seller of your property (Co sharer).  This is premature to assume when the matter is in court.


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Dear querist,

If in court share of other party isnproved, court will cancel the sale deed.

Regards,
 
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thanks you all sir/ madam
 
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Advocate

What is the basis for the claim? Please post material ffacts.

 
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