Legal Question in Civil Rights Law in India

you need to transfer the property in your fathers name first. Apply for conveyance based on mortgage cum sale deed. It all depends on what was that 'mortgage cum sale deed'

23.04.2012

Dear Sir / Madam,

Mortgage deeds are governed by the Indian Registration Act, 1908 and the Indian Contract Act, 1872.

At the outset, the lacunae I foresee in your case, besides the case laws cited for limitation below is the absence of both the parties signing the transfer of the property in the name of your father.

How will the Land revenue authorities transfer the land / property in your father's name unless and until an Application is given to them duly signed by both the parties and on which the prevailing Stamp Duty has been paid to the concerned State Government exchequer ?

The relevant case laws are :

In Mohammad Nazir v. Mt. Zulaikha, AIR 1928 All 267, the plaintiff's allegations were that the document which purports to be a sale-deed was wholly fictitious and no consideration had in fact passed, and the document was void. It was held, that on those allegations the suit was governed by Article 120 and not by Article 91, Limitation Act. The above case was followed in Mt. Aisha Begam v Mt. Kundan Jan, AIR 1945 All 367, wherein it was held that a suit for a declaration that a deed was null and void is governed by Article 120 and not by Art. 91, Limitation Act. The same proposition was laid down in Gouri Amma Vaidehi Amma v. Parameswaran Pillai Madhavan Pillai, AIR 1957 Trav Co 312 and Sanat Kumar Mitra v Hem Chandra Dev. AIR 1961 Cal 411.

Himachal Pradesh High Court

Karma Nand vs Sewa Nand And Anr. on 14 July, 1965

Equivalent citations: AIR 1966 HP 17

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Regards,