Legal Question in Real Estate Law in India

Sir, we have a property which was purchased by my ancestors in haryana in 1965. The govt. cancelled that property due to Punjab and Haryana divisions. Then they assigned new property for the cancelled one in haryana in 1981. Later after not seeing any response from my grand to grand father govt. sold that property within spam of next 2 years. Sir, we have obtain all those documents when and for how much govt. sold that property. My parents and grand father suffered a huge loss in 84 riots. We lost all the documents everything. Later, we just obtained few documents with grace of god. Sir, This property is our last hope. So we just need an advice how to proceed further regarding this case . There are lot of knowledgeable advocates here so there advice would be highly appreciable.


Asked on 9/23/10, 11:59 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Property was sold back in 1983/1984. The unfortunate part in the given facts is that the statue of limitation would be a great hurdle which cannot be overcome in a civil suit. One has to make an attempt by way of a writ petition in the high court. in Writ petition there is no limitation but latches are still to be considered. Based on when you came to know about the sale and when you could collect the documents you may file a writ petition. Before we do so, it may not be a bad idea to send a written representation giving the detail of all facts to the concerned department. You may take the assistance of a lawyer on the facts based advice

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Answered on 9/23/10, 8:45 pm


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