transfer of property - The Legal Chamber

The Supreme Court clarified that when a sale deed is void ab initio due to non-execution by the owner, a suit for possession based on title is governed by Article 65 of the Limitation Act, 1963, prescribing a 12-year limitation period. Article 59, which applies to voidable instruments requiring cancellation, is inapplicable. A plaintiff challenging a void transaction is not obligated to seek its cancellation and can file a simpliciter suit for possession within twelve years from when the defendant's possession became adverse. Facts Of The Case: The plaintiffs, legal heirs of Rasali, instituted a suit claiming a one-third share in agricultural land, alleging that a sale deed dated 14.06.1973, which purportedly transferred the land to the defendant, Shanti Devi, was fraudulent. The...

The Supreme Court held that the High Court exceeded its limited review jurisdiction under Section 114 and Order 47 of the CPC. A review cannot re-appreciate evidence or reverse findings as an appeal would. The order under review did not correct a patent error but substituted a view, which is impermissible in review proceedings. Facts Of The Case: The case originated from a partition suit (O.S. No. 192 of 2000) filed by Subramani against his father, Munusamy Naidu, concerning ancestral properties. An ex-parte preliminary decree was passed in 2003, dividing the property into two equal shares. The Appellant, Malleeswari, who is the daughter of Munusamy Naidu, was not initially impleaded in this suit. Subsequent to the decree, her father executed a sale deed in favor of the first respo...

Tag: transfer of property

Supreme Court Landmark Ruling: 12-Year Limit to Reclaim Property Applied in Forgery Case