Legal Question in Real Estate Law in India
Limitation to file suit for partition in case of ancheral agriculture land
Effect of fraud or mistake � Period of limitation starts only after fraud or mistake is discovered by affected party. [section 17(1)]. In Vidarbha Veneer Industries Ltd. v. UOI - 1992 (58) ELT 435 (Bom HC) , it was held that limitation starts from the date of knowledge of mistake of law. It may be even 100 years from date of payment. - - - - The cardinal principal enshrined in section 17 of Limitation Act is that fraud nullifies everything. Thus, appeal against the party can be admitted beyond limitation, if party has committed fraud (in submitting non-genuine documents at adjudication in this case) � CC v. Candid Enterprises 2001(130) ELT 404 (SC 3 member bench).
Effect of acknowledgment in writing � If acknowledgment of any property is right or liability is obtained in writing duly signed by the party against whom such property, right or liability is claimed, before the expiration of period of limitation, a fresh period of limitation is computed from date of acknowledgment. [section 18(1)],
Acknowledgment can be signed either personally or by an agent duty authorised in this behalf. [section 18(2)].
Pl.Advise me for applicable me whether these authority is applicable in case of the subject matter and also let me know.
3 Answers from Attorneys
Re: Limitation to file suit for partition in case of ancheral agriculture land
Query requires detailed study in the light of given facts.However, by bare perusal it does not apply.
Re: Limitation to file suit for partition in case of ancheral agriculture land
You had only put forth legal proposition without detailing on facts. You need to see facts in the light of law and not vice-versa.
Re: Limitation to file suit for partition in case of ancheral agriculture land
You need to examine the facts in pursuant to law.
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