Plots already sold fake registries made can the families claim it back

793 votes

You can't sit over it and think for a good time to raise the issue as court helps only the vigilnt, file objections in court if you have a point certainly you all be benefitted but please see the limitation also

Advocate Manish Kumar Tiwari LawRato

727 votes

As for as I concern if the sale and purchase transection has been done 30 years ago and purchaser is in possession without any objection then now seller has no right to challenge the registered sale deed becouse the registered sale deed is a public document under section 74 of Indian evidence act which normally available for everyone any any person can inspect and take objection and if the seller did not take any objection for long 30 years time then according to section 90 of Indian evidence act now he can not take any objection becouse after passing 30 years of time it will presume that the all ingredients as well as signature of the parties and all other things about such document are true. For your better understanding the section 90 of the indian evidence act reads as under:-



"90.Presumption as to documents thirty years old

Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

Explanation

Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable.

This Explanation applies also to section 81.

Illustrations

(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper."


So whenever seller file suit against purchaser the purchaser can take defence as indicated above and in my view the suit of seller will be dismissed but depends upon the presentation before the court.


I hope this advice will help you to understand and face the problem.

Advocate Rohit Jagwani LawRato