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Kalaidasan   19 October 2018

Civil property claiming perios against declaration and possession

Dear sir, Please let me know what is the claiming Period maximum for a person to claim a property sold and he wants to suit a file in Declaration and possession? For eg. A property sold in 2003, can be claimed now?


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 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     19 October 2018

How you are connected with this matter.

Dr J C Vashista (Advocate)     20 October 2018

What is your concern/  locus standie/ claim qua the property stated to be sold?

Consult and engage a local prudent lawyer for appreciation of facts, guidance and proper proceeding.

G.L.N. Prasad (Retired employee.)     20 October 2018

A tough case to be decided on studying facts, and as Dr.JCV has guided depend on local advocate who is sincere, as locus standi, and the date of knowledge, fraud if any that came into light etc., play a vital role in determining limitation period.  Normally in case of fraud limitation period commences  within 3 years from date of knowledge of fraud, or  the date of finding finding a concealed document by the parties that establish the fraud.  If a fraud is involved, and if the declaration suit is filed by the affected party, it is certain that the case can be filed within 3 years .

Kalaidasan   20 October 2018

I was a minor and my brother was not added as a party. my guardian (Grandfather) who got legal heir from court, sold the property along with my sister who just reached major without obtaining no objection from court neglecting my brother name in all pages. We came to know very late and we read all documents. IOt stated that my grandpa sold due to my education and maintenance of living, he as guardian selling it. But as per guardian act, is it valiod or not? My brother who was actually out of town during registation, came after few years. The buyer recieved some formality sign in stamp paper from my brother but unable to register it. My brother was not aware of process happened. Now, shall me and brother proceed against the property?  


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