How to invalidate a transaction in EC based on unregistered 1985 document
3 years ago
Mr.A got an extent of 10acres (which was purchased by A's dad with his self earned funds clearly mentioned in purchase deed in name of A's Mother ) A's dad wrote a will stating that the A's mother property after her death to Mr.A in his registered will in 1984.A's mother expired in 1982...later A's Father in 1985.....she wrote a will in year 1982 to A's Father(She is bed ridden a thumb impression was taken by A's Father) but it was NOT registered anywhere and it was NOT mentioned in registered will of A's Father in 1984. He simply mentioned the property of A's mother to Mr.A.(Neither the extent nor the sy no. was NOT mentioned ) Later in 1985 all 5 brothers and 1 sister have written UNREGISTERED partition deed ....where Mr.A's land 10acres were divided stating that it is mother's earned property in partition document. Based on that in 2011 all daughters (of 1 sister in partion)have registered in sub register office to Mr.A 's wife . Later in 2014 the same extent was mortgaged (yet to be released )..... there has been a difference of opinion since the partition 1985 doc ...till date Mr.A is in position and enjoying lease . Now Mr .A wants to enforce registered 1984 will document wants to register to sell and register some extent to 2 sons . The issue is with EC the 2011...doc..and the same mortgaged in 2014 ....how to cancel that in EC and what's the process for registration as per registered will in 1984.
As several years have passed since the transaction, the normal limitation period has expired.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
We will need more information before determining possible avenues of action.