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cancellation of sale deed time limit in a civil suit
04-Dec-2023 (In Civil Law)
I have sold a plot in the year 2013. They have not paid money at the time of registration instead they promised me to give an apartment instead of plot. The mediators has written an agreement on behalf of builder in the year 2013 at the time of registration. The persons who purchased the land from me did not respond but the mediator`s son told me that they would pay sale consideration and written the same on 100 rupee stamp paper in the year 2018. I have filed a civil suit for the cancellation of sale deed. I am worried that it is beyond limitation for cancellation of sale deed. Can I file a seperate suit for recovery of money or I should continue the same civil suit for the cncellation of sale deed. and also tell me time limit for cancellation of sale deed?
What is the present status of cancellation of sale deed? What type of agreement they have done with you in 2018 on 100 rupees bond. After checking terms and conditions I can suggest you whether to file money recovery suit or not. If you have any further doubts contact me
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Adv. Satyanand
Hyderabad | 100+ Answers
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How can the sale deed of ancestral property be Cancelled?
The sale deed for an ancestral property may be canceled after 50 years. However, it is a complicated legal process. First, you must file a civil suit to cancel the sale deed. All co-owners must file the suit. 18 August 2023
What is the limitation for cancellation of documents?
The Indian Limitation Act of 1963, Article 59, prescribes that a plaintiff can bring a suit to cancel an instrument within three years of discovering the facts which entitle him to do so.
What is the case law on cancellation of sale deed?
Arumugam, AIR 2021 MAD 133) the Madras High Court ruled that a contract can be cancelled when it is executed with fraud or misrepresentation. The court held that fraud or misrepresentation had to be material, and the seller must have been induced to sign the sale deed. Bombay High Court : In the matter of Smt. 11 Oct 2023
What is the limitation period to challenge a sale deed?
Limitation period for moving a request is three years if no time limit is specified under Limitation Act 1963. 15.
Limitation period becomes applicable from the date of last cause of action I.e., 2018 when you have again entered into an agreement. So, you are well within limitation to file civil suit. However you cannot file two suits on same cause of action.
Should you have any query feel free to call me.
Should you have any query feel free to call me.
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Adv. Ramya Kunapareddy
Hyderabad | 100+ Answers
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The Specific Relief Act of 1963, Sections 31-33, outlines when a deed may be cancelled. A sale deed may only be cancelled three years after the date it was registered.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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