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Property dispute 20 yrs back happened
2 years ago
In 1996, a piece of land was in the name of mother. It was sold to third party by her only son in 1996 by doing forgery of mothers thumb impression(someone else did). Her son was also involved. But son's wife and 2 minor children were not knowing this. Years passed and in 2020, the children got to know that the property was forgery transferred and wanted to take action against illegal transfer happened in 1996..Father and grandmother died. Only proof is father has written this in a dairy and there is one live evidence who was a witness in 1996..Will this case stand to claim back the property to grand children??
A.Dear Sir,
You can lodge a complaint even today if forgery has been committed by her son in 1996. There is no limitation to lodge a criminal complaint in respect of serious offences. You have to establish that you have no knowledge about the forgery till today.
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You can lodge a complaint even today if forgery has been committed by her son in 1996. There is no limitation to lodge a criminal complaint in respect of serious offences. You have to establish that you have no knowledge about the forgery till today.
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Sidhaarth
Responded 2 years ago
A.On coming to know about factum of forgery the grand children can question the sale. Though principle of adverse possession does not apply in case related to fraudulent and illegal possession but the present owner has right being bonafide purchaser. Fraud was committed by your father and not by present owner. If grand children challenge sale deed made by father by commission of forgery then court may ask grandchildren to deposit the present market value of property in court or bank. Grandchildren have to prove forgery to establish their claim. Mere confessional writing by father is not sufficient.
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A.Hi,
Doctrine of adverse possession specifies that under which a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse to oust him. However in these cases the time you got to know about this forged transfer the period will start from then.
If you find this answer helpful please rate my answer. Thank you.
Doctrine of adverse possession specifies that under which a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse to oust him. However in these cases the time you got to know about this forged transfer the period will start from then.
If you find this answer helpful please rate my answer. Thank you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The doctrine of adverse possession states that a person who is not the original owner becomes the owner when he has been in possession of the property for a minimum of 12-years and the genuine owner has not taken legal action to evict him. However, in these circumstances, the term will begin when you learn of the falsified transfer; however, due to the lack of proof, this will be difficult to show.
If you find this answer helpful please rate my answer. Thank you.
The doctrine of adverse possession states that a person who is not the original owner becomes the owner when he has been in possession of the property for a minimum of 12-years and the genuine owner has not taken legal action to evict him. However, in these circumstances, the term will begin when you learn of the falsified transfer; however, due to the lack of proof, this will be difficult to show.
If you find this answer helpful please rate my answer. Thank you.
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