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Title in my name, but link documents not clear. What to do?
08-Jul-2023 (In Property Law)
I have a house in Adilabad registered in my name. The title in my name is not clear legally.
My question, 1) After 12 years from the date of registration in my name, is it true, according to limitation law, no body can initiate legal proceedings regarding my house, even if the link documents are not clear, but ultimate title in my name.
2) If in between this duration of 12 years from the date of registration in my name, if somebody files a civil suit, which challenges the title in my name, but the suit gets dismissed due to non-appearance of both parties. Then what will hapen?
Regarding your Query No. 1)
We are also assuming that you have paid full stamp duty under the provisions of the applicable stamp act on the sale deed executed by the subsequent owner (A) and you (i.e. your title document) while purchasing the property from the subsequent owner (A) in 1982, and that the said sale deed was duly registered under the provisions of the Registration Act.
As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.
Now regareding your Query No. 2)
If the suit has been dismissed on the ground of non appearance, then the person cannot file the suit on same cause of action. If the same person wants to contest, then he will have to file restoration of suit.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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