Period of limitation in cancellation of the sale deed

by | 18 Apr, 2020 | Property Law

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I want to know the limitation period in cancellation of the sale deed. My uncle has sold my land when I was a minor. He played fraud and dishonestly shown me major in the sale deed. In February 2020 this fact revealed and I came to know that my uncle has sold my land to his daughter. He made a forged sign of mine in the sale deed. I have certified copy of that sale deed. What should I do sir?

Question from: Uttar Pradesh​

Your uncle had sold your land when you were a minor. His daughter is the purchase of that land and I think that she did not pay any price thereof. He almost concealed this fact until it is revealed in February 2020. So this circumstance proves that you are in possession of this land because if it was disclosed earlier the fact might be surfaced. 

This is your father’s property and it has devolved upon you after his death. Therefore, your uncle had no right to sell it however he was your guardian. You are the owner of this land right from your father’s death. Your uncle has sold this land and absorbed its sale proceeds. He never disclosed to you this fact. 

Your uncle has committed a crime

You are the owner of this property and your uncle had fraudulently sold it to his daughter. He made your forged signature in the sale deed and declared you therein as a major. He has committed an offence of cheating, forgery of valuable security and false impersonation. You can file an FIR against him under section 419/420/467/468/120B of Indian Penal Code (IPC). However, you have to decide whether to initiate criminal proceeding against him.  

Limitation period

That sale deed has no legal sanctity because your uncle has executed it fraudulently. Therefore, you should file a civil suit for the cancellation of the sale deed. The Indian Limitation Act 1963 provides three years limitation period for filing of such a civil suit. According to article 59 of the limitation act, the period of limitation starts from the date of knowledge of the fraud. 

In February 2020 you knew about the fraudulent sale deed so you have enough time to file a civil suit.

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