Legal Question in Civil Litigation in India

Limitation

I just discovered that back in 1922 there was litigation among my ancestors. It was a suit of partition regarding ancestral properties, which was compromised after 2 months of its filing. A consent decree was passed by the court, of which all parties were bound I think.

In compromise, one particular property was to be �owned and possessed� by one party, and it could not be transferred by anyway, �other than wakf�. Later sometime, that party secretly sold it to someone by a registered sale deed, obviously violating the condition of compromise, without letting other parties know about it.

Now, all those parties are dead and I am direct decedent of one of those parties. Can I claim my right over that property after 40 years or so? The present occupant and �owner� has been peacefully living there for so many years.

To my idea, that sale tranaction was void, would it still attract laws of limitation? Can wakf board also claim that at the same time?


Asked on 6/22/07, 2:26 pm

4 Answers from Attorneys
birendra dash dash associates

Re: Limitation

give details

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Answered on 6/25/07, 9:34 pm

Re: Limitation

It is to be seen from the record and court proceedings that what was actual terms of compromise.As far limitation is concerned then the same could be tackled tactfully to bring the claim within limitation.Contact with all details to get your reply.You may also call on my mobile.

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Answered on 6/22/07, 2:37 pm
G. M. Gupta gmguptaandassociates

Re: Limitation

need to go through documents to advice properly but limitation law is certainly is against you on the given facts.

there may be some way after reading the records so nothing can be adviced with surety till then.

For further details and advice please contact with concerned documents. Consultation charges will apply.

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Answered on 7/04/07, 1:56 pm
Alok Sharma Alok Sharma & Associates

Re: Limitation

Certainly the limitation law is against you and you should presume, it is end of the road. However, a different view may emerge on reading the judgment, even which i feel to be remote possiblity. How ever some legal activity on your part may have nuisance value.You need consult some good civil lawyer.

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Answered on 6/23/07, 1:27 am


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