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sonia_kumari (lecturer)     15 January 2017

Can court decree be challenged after 20 years

Learned Lawyers,

My grandfather passed on a property to my father through a court decree nearly 20 years ago. My uncles didn't challenge the decree at that time and my father constructed a house on that property site. Now my uncles are threatening to lay a claim to that property.

Will the court still entertain their appeal against the decree issued 20 years ago? 

Thanks for your counsel...

 

 



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     15 January 2017

No it can't be challenged after expiry of limitaion period.

1 Like

sonia_kumari (lecturer)     15 January 2017

Thanks sir, what is the limitation period sir? When does it expire?

Chandra Sekhar T S (Advocate)     15 January 2017

No,and also i have to know the construction of house in which year and whose name Plan approcal and the tax of the house paid etc from which year onwards.

1 Like

Ms.Usha Kapoor (CEO)     16 January 2017

UNLESS THERE ARE SERIOUS LEGAL  LAPSES OR LACUNAE IN THE JUDGMENT ND DECREE PASSED 20 YEARS AGO THE COURT WILL NOT  RESTASRT HEARING THE SAME CASE AFTER 20 YEARS.THE COURT WILL ACT PRUDENTLY AND TO SECURE THE ENDS O FJUSTICE TO RECONSIDER  A DECREE PASSED  SOME 20 YEARS AGO.HERE PROMSSSORY ESRTOPPEL DOCTRINE ALSO APPLIES. wHEN SOMWTHING FAVOURABLE IS PROMISED  OR SAID TO A PERSON AND ON THAT STATMENT THE PERSON ACTS AND CHANGES HIS POSITION THE PROMISOR IS  BOUND BY  HIS PROMISE AND HE CANNOT CHANGE HIS PROMISE TO THE DETRIMENT OF PROMISEE., SO HERE YOUR UNCLES' ARE TRYING TO BREACH THAT PROMISE HAVING ACCEPTED THE DECREE BY KEEPING SILENT ALL THESE YEARS TO YOUR FATHER'S BENEFIT CANNOT CHANGE THEIR STAND SUDDENLY TO YOUR FATHER'S AND YOURS DETRIMENT.. IF YOU APPRECIATE THIS ANSWER PLEASE GIVE ME A LIKE ON MY PROFILE THE PROPERTY YOUR FATHER GOT THROUGH A COURT DECREE SOME 20 YEARS AGO IS VERY MUCH VALID AND YOU CAN BECOME ITS ABSOLUTE OWNER.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 January 2017

For every appeal, there is a limited time period within which the appeal should be filed. Such a limitation is mentioned the Limitation Act, 1963. For appeal in case of a decree passed by lower court in civil suit, the limitation is : Appeal to High Court - 90 days from the date of decree Or order. Appeal to any other court - 30 days from the date of Decree or order.

adv.raghavan (Advocate,9444674980)     17 January 2017

agreed with the above.


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