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LAND GIFT DEED CHALLENGED AFTER 10 YEARS.
11-Mar-2023 (In Property Law)
My Uncle had sold an agriculture land to my father in the year 2008. The transaction type was a gift deed. My father had paid the required amount, paid stamp duty & has got the land under his name on 7/12 extract. Now, my father wants to sell the land but my uncle almost after 10-12 years has filed a suit in district court. The reason being, he demanded half money once sold, we denied and later he filed a case against us.
Now, presumably, my uncle has understood he is going to lose the case. Therefore, he has now forced his daughter to come on podium, she stated 'My father had sold the land without her concern, therefore I seek some money from out of it'.
Correct me if I'm wrong, but her daughter should've challenged his father and not mine right?
Kindly suggest what's need to be done & what can happen in such case? Will my father will the case?
Thanks & regards,
Krishna Pawar
Hello,
If you have relevant proof that the said property is under your name since more than 12 years with relevant set of documents you can challenge the same in the court wherein they will not have their proper stand to admit the case.
For more clarification and adverse possession mans as follows
Adverse possession was defined by the Supreme Court in Amarendra Pratap Singh v Tej Bahadur Prajapati as: “A person, though having no right to enter into possession of the property of someone else, does so and continues in possession setting up title in himself and adversely to the title of the owner, commences prescribing title into himself and such prescription having continued for a period of 12 years, he acquires title not on his own but on account of the default or inaction on part of the real owner, which stretched over a period of 12 years results into extinguishing of the latter’s title.”
The Limitation Act, 1963, lays down a limitation period of 12 years for suit of possession of immovable property or any interest based on the title. The period for limitation for the government, however, is 30 years by virtue of article 112. The law of adverse possession was judicially summed up by the Judicial Committee of the Privy Council in Perry v Clissold, where it was observed that if a rightful owner does not claim his right against a possessor within a given time, his ownership right stands extinguished and the same was approved by in Nair Service Society Limited v KC Alexander.
In your case we can prove that the said land was been transferred to you and have a good title to it there are many others things which you need to highlight.
If you have relevant proof that the said property is under your name since more than 12 years with relevant set of documents you can challenge the same in the court wherein they will not have their proper stand to admit the case.
For more clarification and adverse possession mans as follows
Adverse possession was defined by the Supreme Court in Amarendra Pratap Singh v Tej Bahadur Prajapati as: “A person, though having no right to enter into possession of the property of someone else, does so and continues in possession setting up title in himself and adversely to the title of the owner, commences prescribing title into himself and such prescription having continued for a period of 12 years, he acquires title not on his own but on account of the default or inaction on part of the real owner, which stretched over a period of 12 years results into extinguishing of the latter’s title.”
The Limitation Act, 1963, lays down a limitation period of 12 years for suit of possession of immovable property or any interest based on the title. The period for limitation for the government, however, is 30 years by virtue of article 112. The law of adverse possession was judicially summed up by the Judicial Committee of the Privy Council in Perry v Clissold, where it was observed that if a rightful owner does not claim his right against a possessor within a given time, his ownership right stands extinguished and the same was approved by in Nair Service Society Limited v KC Alexander.
In your case we can prove that the said land was been transferred to you and have a good title to it there are many others things which you need to highlight.
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Adv. Chinnmay S. Shah
Mumbai | 200+ Answers
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