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Dibyakanti Modak   29 November 2022

Suit for declaration after 12 years of fake sale deed


my great grandfather had some properties in his name. after his death the property was distributed among his 5 sons. the properties was never been partitioned.

my grandfather along with his other 3 sons moved to different city due to their job. only 1 son of my great grandfather was there in my home town.

now in 2010 that 1 son sold some properties showing himself as the only 1 legal heirs of my grandfather. but buyer did not able to take possession after that as he was in Jail due to some of his henious crime record and just got bail in April, 2022.

in 2016 myself again took possession over the properties. but recently in November 5 , I came to know that the properties were sold using fake deed in 2010 as mentioned above. the mutation of the properties happened in May , 2022 in favour of the buyer.

so now I want to know
1) Can I sue the buyer and the seller to declare the deed as void ab initio? the limitation period of 3 years is over , but is it possible that court can grant exemption in limitations under order 7, rule 6 with the reason that
due to work I was not there and again took possession in 2016?

2) since when the right to sue shall start for my case? let's say my grandfather died in 2010 , father in 2019.


 7 Replies

P. Venu (Advocate)     29 November 2022

Why the sale deed is fake? Please post material facts than adjectives.

Entry revenue records are not absolute as to title.

Cause of action commences from the date of knowledge of the allegedly fake deed.

Dibyakanti Modak   29 November 2022

@P. Vanu. the sale deed has been registered for the properties which not had been partitioned violating the Hindu Succession Act. there was no noc taken or discussed with other co owner of the properties before the sale. the properties are owned jointly. therefore it is liable to be declare as void ab initio.

for declaratory decree ause of action commence from right to sue as per article 58 of Limitation Act, for cancellation of Deed limitation start from date of knowing as per article 59 of Limitation Act.

Dr J C Vashista (Advocate)     30 November 2022

Show relevant documents to a local prudent lawyer for analyses of facts and circumstances, professional advise and necessary proceeding.

N.K.Assumi (Advocate)     30 November 2022

"Fraud vitiate evrything", provided you prove the foundational facts of fraud.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 November 2022

Statutory limitation period for immovable property is 12 years.

SHIRISH PAWAR, 7738990900 (Advocate)     30 November 2022


As per your query and article 59 you are in limitation. The limitation period in your case is 12 years. So you can file the case. 

Shashi Dhara   01 December 2022

Contact civil advocate and file suit against them ,who  knows what happens in court ,it takes atleast 10 years ,after ten years who knows who is alive or dead ,hope on God , plaintiff or defendant is deceased their lrs will continue  or compromise will be done in lok Adalat .

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