I want to know the limitation period in cancellation of the sale deed. My uncle has sold my land when I was a minor. He played fraud and dishonestly shown me major in the sale deed. In February 2020 this fact revealed and I came to know that my uncle has sold my land to his daughter. He made a forged sign of mine in the sale deed. I have certified copy of that sale deed. What should I do sir?
As a landowner, it’s essential to know your rights and understand the laws surrounding property ownership. Unfortunately, situations may arise where your property is fraudulently sold without your consent or knowledge. In such cases, it’s important to know the legal steps you can take to regain ownership of your property.
If you find yourself in a similar situation where your uncle sold your land while you were a minor, you have legal options available to you. In February 2020, you became aware of the fraudulent sale deed, which your uncle had hidden from you for years. This means that you are still in possession of the land, which would have been disclosed earlier if your uncle had not concealed the facts.
As the owner of the land, your uncle had no right to sell it without your consent, even if he was your guardian. The land devolved upon you after your father’s death, and you have the right to take legal action to regain ownership.
Your uncle committed a crime by fraudulently selling your property to his daughter. He made a forged signature in the sale deed and declared you as a major, even though you were a minor at the time of sale. This is an offence of cheating, forgery of valuable security, and false impersonation, punishable under the Indian Penal Code (IPC). You can file an FIR against your uncle under sections 419/420/467/468/120B of the IPC.
However, you need to decide whether to initiate criminal proceedings against your uncle. If you choose not to do so, you can still file a civil suit for the cancellation of the fraudulent sale deed. The Indian Limitation Act 1963 provides a three-year limitation period for filing such a civil suit. According to Article 59 of the Limitation Act, the limitation period starts from the date of knowledge of the fraud. Since you became aware of the fraud in February 2020, you have enough time to file a civil suit.
In conclusion, if you are in possession of property that has been fraudulently sold, you have legal rights to regain ownership. You can take criminal or civil legal action depending on your preference, and the Limitation Act provides you with a specific time frame to file a civil suit. It’s important to take timely action and seek legal counsel to protect your property rights.
