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Property dispute
3 months ago
Respected Sir
Sir my cousin without my father's NOC has transferred the pagdi property into his name.My dad has earlier filed a suit in small cause court praying possession but the case stood dismissed on the grounds of law of limitation but the court nowhere has relinquished my dad's right to access to the property..The judgement was passed on 2002 after a decade of filing in 1991..My cousin has issued fake documents in the court against which I have evidence.When the judgement was concluded many were not enlightened about rent control act Neither one had any smart phone
A.Dear Client,
Unfortunately, almost all the legal remedies for settlement of a property dispute are now barred by the law of limitation. So you cannot exercise your right to claim a share in the said property even through litigation.
Unfortunately, almost all the legal remedies for settlement of a property dispute are now barred by the law of limitation. So you cannot exercise your right to claim a share in the said property even through litigation.
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A.Dear client,
The limitation period for possession starts from the time your father gets to know about the wrongful possession. The limitation period for such is 12 years as per Section 65 of the Limitation Act.
It should be noted that NOC is a must for transferring property and any transfer made without it would be rendered void. Section 21 of the Registration Act, 1908 lays down the provision for the description of property and maps or plans. The provision does not expressly mention the term ‘No Objection Certificate’ but it provides the need for a non-testamentary document consisting of the certain ingredients during the time of registration of immovable property.
You can appeal the case is an appropriate court and establish the forged documents produced by your cousin to prove his case.
Thank you
The limitation period for possession starts from the time your father gets to know about the wrongful possession. The limitation period for such is 12 years as per Section 65 of the Limitation Act.
It should be noted that NOC is a must for transferring property and any transfer made without it would be rendered void. Section 21 of the Registration Act, 1908 lays down the provision for the description of property and maps or plans. The provision does not expressly mention the term ‘No Objection Certificate’ but it provides the need for a non-testamentary document consisting of the certain ingredients during the time of registration of immovable property.
You can appeal the case is an appropriate court and establish the forged documents produced by your cousin to prove his case.
Thank you
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