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sreedevi   02 December 2016

Property bought defectively long back, validity of title.

The house site was jointly purchased by two brothers through deed in the year 1996 and later it was sold by only one of them in the year 1998(18 years back) and subsequently the property was transferred to several persons through register sale deeds. Till today the second brother did not place any objection for the sale by his brother. Whether the title of present holder is valid under law of limitation?


 4 Replies

adv.bharat @ PUNE (Lawyer)     02 December 2016

No the sale deed is not valid in eyes of law since sale deed is made without the written consent from the first brother.

Will u appreciate this answer by giving like on my LCi prrfile?

1 Like

Kumar Doab (FIN)     02 December 2016

If the title was in the name of one brother his share can be sold by him alone or anyone who has been vested with power to sell by owner.

1 Like

sreedevi   02 December 2016

Thanks for ur valuable response. Can the present holder avail any protection under law of limitation? 


Kumar Doab (FIN)     03 December 2016

The limitation may not stare if it is fraud.

Your able counsel that has examined all dcos on record and facts can opine the best.


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