Tapas Ghosh
Asked March 27, 2017

Sale of Land - Legal questions

  • 1 Answer

My father was the plaintiff in partition suit against my uncle(defendants). In that case the schedule of property was 20 khattas in the described plaint. But the 4 kattas was sold jointly by my father and uncle before 17 years from earlier of partition suit.so the physically total property is 16 kattas. But that was not mentioned in that case. Similarly the defendant did not arise this issue as he had the knowledge of sale.......during the pendency of the suit both of my father and uncle passed away.after that me and my cousin are substitute plaintiffs and defendant respectively. I also mistakely not mentioned the sale details in that case..repeatedly the next deffendent does not arise this issue because he has also fully knowledge of the sale........after all of this I got expartee preliminary decree over 20 katthas and got appointment of advocate commissioner on contest........ But physically the property is now 16 katthas .........------------------ Now is there any problem 1) to make advocate commissioner report? 2) can deffendent artise this question now regarding of sale? 3) can my case may be dismissed in this sale issue??? ........pls help me

Answer 1

Under Sections 51, 64 and 65 of the Indian Limitation Act, 1963- a person can challenge any transactions pertaining to land within 12 years of such an action taking place. Since 17 years have already passed, your relatives cannot raise this issue now as under the aforementioned sections the time period to raise this issue has already passed. Thus you can point this out to the court and ask them to quash the case so filed against you.

Agree Comment 0 Agrees about 5 years ago

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