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Helpme   01 March 2018

Can this sale is valid

Sir, Two years after the death of husband in 1987, a muslim women sold the property not by registered sale deed but on a bond paper of her husband's ancistral property in 1989. The said property was in the name of her Mother-in-law's name. Now her son's want to recover the property by filing a civil case as other legal heirs did not signed at that time. Now they want their property back.

My question is can they file a case.
secondly, if they can file, will they succeed in the case.

please give your valuable reply.


 10 Replies

TGK REDDI   01 March 2018

They will succeed.

Vijay Raj Mahajan (Advocate)     01 March 2018

This is no sale of immovable property and it will be recovered by civil suit.


Filing of recovery suit would be successful as there was no sale of immoveable property u/Section 54 TPA

Suri.Sravan Kumar (senior)     01 March 2018

Firsdt of all it is not a valid sale in the eye of law as it was not regd.

LR's can file recovery suit.

Helpme   01 March 2018

Thanks to all respected sirs.

Helpme   01 March 2018

Sir how much time may take to get the success in this case.

Suri.Sravan Kumar (senior)     01 March 2018

It is difficult to answer the question

Helpme   01 March 2018

Many many thanks to respected sirs.

adv. rajeev ( rajoo ) (practicing advocate)     01 March 2018

Yes they can file a case.  Any immoveable property worth more than Rs.100/- alineates by any mode requires compulsory registration u/s 17 of the Indian regn., act

Suneet Gupta (     01 April 2018

If the purchaser has been in possession of the property for more than 20 years then the case will faile because of the Statute of Limitaions where adverse possession for more than 20 years gives you the right on the immoveable property.

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