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radhika   05 October 2022

Fraud in sale deed

Hello

My mom was one of the vendor in a sale deed in 1990, agriculture land back in my native, on perusal of the document recently we found that the said land was mortgaged before the sale happened and the very reason for sale was effected was to pay back the debts. We are not involved nor we possess any knowledge of these transactions done before sale and no consent was taken from us for mortgage of family property.

Land is supposed to be shared by three persons which includes my mom, mortgage and stuffs on the land was carried out by first person out of the three, last one also didnt have any knowledge on this nor his consent was taken.

The sale consideration mentioned in the document is Rs 1,50,000, divided by three, my mom should have got Rs 50,000 but only got 15000 instead. She is an physically challenged person and ignorant women, educated only till her 3rd standard.

She has signed the document believing his paternal uncles sons, the contents were not read out to her nor she can understand the document even if it is assumed to be read by her. Had she known the contents she would not have signed the sale document since mortgage of land is mentioned in the sale document. My mother lost her parents at the age of six and her only source of information on her share in properties was her paternal uncle and family but they betrayed her.

Can i go for litigation ?

 

 



Learning

 5 Replies

Sourav Das (Advocate Supreme Court of India)     05 October 2022

Apparently you can proceed. But, scrutiny of all documents by lawyer is highly recommended. 

1 Like

P. Venu (Advocate)     05 October 2022

Facts suggest are vague and incomplete.

Anyhow, the proposed action  to be badly hit by limitation unless it could be shown that your mother had no knowledge of the property being mortgaged. However, that does not appear to be the factual situation.

Dr J C Vashista (Advocate)     06 October 2022

The sale transaction is too old to challenge as it is barred by limitation.

However, it would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding. 

radhika   06 October 2022

She never had any knowledge on the mortgage. She is not a party in the mortgage. Since she lost her parents at early age she was taken care by her maternal grand mother who is far off from the property location. Being a disabled person she always requires one persons help even if she wants to visit the village. From 1974 to 1990 she never visited the village because she had no one to help except her maternal grandmother. Mortgage has happened in 1986. Infact still we dont know about complete details of the remaining properties in the village. We dont have any original documents with us. Whatever we have is only certified copies we got from registrar office. All original documents of properties are with them.

Kumaran Balaji   07 October 2022

Limitation Act

 Article 59 would be applicable to any suit to set aside a decree either on fraud or any other ground. It is true that Art. 59 would be applicable if a person affected is a party to a decree or an instrument :0r a contract. There is no dispute that Article 59 would apply to set aside the instrument, decree or contract between the inter se parties. The question is whether in case of person claiming title through the party to the decree or instrument or having knowledge of the instrument or decree or contract and seeking to avoid the decree by a specific declaration, whether Article 59 gets attracted? As stated earlier, Article 59 is a general provision. In a suit to set aside or cancel an instrument, a contract or a decree on the ground of fraud, Article 59 is attracted. The starting point of limitation is the date of knowledge of the alleged fraud.

This might help, please do your own research as I am no expert/professional.

 


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