Fake or Not registerd Power of attorney used for property sale
18-May-2023 (In Property Law)
a not registerd power of attorney used for property registration, sale deed registerd on 1968. no body is not aware about this illegal transaction till now , if it is possible to cancel that transaction and any scope on this to win if I file suit on court ???
as per the verdict of the supreme court of india, a the validity of a document can be decided by a court having competency. so you had to file a suit for declaration of the deed as null and void. the limitation time to file the suit is three years from the date of knowledge of the existance of the deed.
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 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.
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.
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