Statutory limitation interval for immovable property is 12 years

Property sales in Bangalore have clearly been the saving grace for the sector for a few quarters now. Sobha Developers Ltdand Prestige Estates Projects Ltd, according to analysts, may not have performed as well as in the March quarter but would have still fared better than their Mumbai and NCR counterparts, say analysts. Photo: Ramesh Pathania/Mint (Ramesh Pathania/Mint)

Is it attainable to do a present deed for leasehold DDA flat?

—Title withheld on request

We perceive out of your question that the property involved is a leasehold property allotted by the Delhi Growth Authority (DDA). Lease deeds executed by DDA often require its prior written permission to reward or switch the leasehold property to a different particular person. Ought to your lease deed have this requirement, you possibly can receive the identical from DDA. Word that stamp obligation has be paid on a present deed and the identical is required to be registered with the sub-registrar of properties.

The youngest of my 4 brothers bought his plot at a nominal worth to a 3rd social gathering 10 years in the past to fulfill his livelihood wants. He didn’t take consent from both of us. Can I file a go well with towards the sale deed? My brother’s whereabouts are unknown so far. What’s the most time restrict to file a go well with towards beneath the circumstance?

—Title withheld on request

We observe that you’ve described ‘the property’ as ‘his plot’, indicating your youthful brother had sole title and possession. In such a situation, assuming that the property was not collectively owned between your brothers and your self, your youngest brother was entitled to get rid of the identical. It’s his private property and property, and he’s entitled to promote the identical if he so needs.

If the property was collectively owned among the many brothers, and the requisite consents weren’t obtained, then, as per the Limitation Act 1963, the statutory interval of limitation allowed for possession of immovable property or any curiosity is 12 years. So it’s good to transfer shortly. Additionally observe that because the third social gathering purchaser had paid consideration (after conducting his personal diligence) for the acquisition of title to the property (an important aspect of a sound contract), unwinding the sale wouldn’t be attainable. Your treatment, if any, can be to pursue authorized motion for damages towards your brother solely.

Relating to the disappearance of your brother, I hope you’re taking all steps, together with working with the authorities, to find him and guarantee he’s secure.

Rishabh Shroff is companion, Cyril Amarchand Mangaldas. Queries and views at mintmoney@livemint.com

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