Procedure for cancellation of decree obtained in property suit
10-Feb-2023 (In Property Law)
the plaintiff (legal heirs )of deceased grand father and defendents have obtained fraudulent decree in the absence of title to land measuring 3acres in 2008 without to our notice. My father was killed by the defendent for filing complaint against the alleged defendents in jan 2018. The plaintiff grandfather has sold the property in year 1938. Both the advocates and the cleints in fraudulent decree case are under kmowledge of sale of the land to my grand father. How to cancel the fraudulent decree and where , limitation
If you are not parties to that suit then you can file for stetting aside of the said decree by filing such a suit. The limitation starts from the date of getting certified copy of the decree. So, first file application for a certified copy.
What is cancellation of decree under Specific Relief Act?
The Specific Relief Act of 1963 governs the cancellation of instruments through Sections 31 and 32. The Section 31 of the Specific Relief Act, 1963 allows any party to a contractual agreement who has a legal right to cancel a contract.
What is the limitation for filing suit for cancellation of decree?
The Limitation Act, Article 59, allows for the cancellation or revocation of a document or decree. It also permits the renunciation of a contract. The period of limitation for a contract is three years.
What is the procedure for cancellation of decree?
Preparation of an application: Prepare a request for review of the decree in accordance with Order 47 of CPC. This application must be filed at the same court as the one that issued the decree. In your application, you should clearly state the grounds for which you seek to cancel the decree. 10-Feb-2018
the plaintiff (legal heirs )of deceased grand father and defendants have obtained fraudulent decree in the absence of title to land measuring 3 acres in 2008 without to our notice. My father was killed by the defendant for filing complaint against the alleged defendants in jan 2018. The plaintiff grandfather has sold the property in year 1938. Both the advocates and the clients in fraudulent decree case are under knowledge of sale of the land to my grand father. How to cancel the fraudulent decree and where , limitation
Sir you question is not clarified. Please confirm that in whos possession the land is there. Who is the actual owner of the property and How you father obtained the rights over the said property.
You are mentioned that they obtain the fraudulent decree . Please explain in detail.
Sir you question is not clarified. Please confirm that in whos possession the land is there. Who is the actual owner of the property and How you father obtained the rights over the said property.
You are mentioned that they obtain the fraudulent decree . Please explain in detail.
You wish to cancel a decree obtained in a property suit, you'll need to follow the legal process outlined by the Civil Procedure Code (CPC) in India. Here's a general overview of the procedure:
- Consult an Attorney: It's advisable to consult with an experienced attorney who specializes in property and civil litigation. They can provide you with specific guidance based on your case.
- Review the Decree: Carefully review the decree obtained in the property suit to understand the grounds on which you believe it should be canceled. Common grounds include fraud, misrepresentation, or legal errors.
- File an Application: Prepare an application for the review of the decree under Order 47 of the CPC. This application should be filed in the same court that issued the decree.
- Specify Grounds: Clearly specify the grounds on which you are seeking the cancellation of the decree in your application. Provide supporting evidence if available.
- Serve Notice: After filing the application, serve notice to the other parties involved in the case, including the party that obtained the decree. They will have the opportunity to respond to your application.
- Court Proceedings: Attend court proceedings as required. The court will examine the merits of your application and the response from the other party.
- Evidence and Arguments: Present your evidence and arguments supporting the cancellation of the decree. The court will consider all relevant factors before making a decision.
- Court Decision: The court will issue a decision based on the merits of the case. If the court finds valid grounds for cancellation, it may set aside or modify the decree.
- Appeal: If either party is dissatisfied with the court's decision, they may have the option to appeal to a higher court.
- Enforcement: Once the decree is canceled or modified, follow the court's orders, and ensure that the enforcement of the decree is stopped or adjusted accordingly.
The court that has jurisdiction over the matter can hear the suit to cancel the decree, even if the decree was passed by another Court.
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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