Title in my name, but link documents not clear. What to do?
I have a house in Adilabad registered in my name. The title in my name is not clear legally.
My question, 1) After 12 years from the date of registration in my name, is it true, according to limitation law, no body can initiate legal proceedings regarding my house, even if the link documents are not clear, but ultimate title in my name.
2) If in between this duration of 12 years from the date of registration in my name, if somebody files a civil suit, which challenges the title in my name, but the suit gets dismissed due to non-appearance of both parties. Then what will hapen?
Regarding your Query No. 1)
We are also assuming that you have paid full stamp duty under the provisions of the applicable stamp act on the sale deed executed by the subsequent owner (A) and you (i.e. your title document) while purchasing the property from the subsequent owner (A) in 1982, and that the said sale deed was duly registered under the provisions of the Registration Act.
As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.
Now regareding your Query No. 2)
If the suit has been dismissed on the ground of non appearance, then the person cannot file the suit on same cause of action. If the same person wants to contest, then he will have to file restoration of suit.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Protest Petition for Encroachment of Road
- Parents died in accident uncle trying to take over the property
- Wife is short tempered and always run from home after fight what to do
- Wife left home without any reason threatening to file case against us
- House in brother's name staying there for 25 years asking to leave