Response
“In the case of Vidyadhar v Manikrao (1999) 3 SCC 573 and Section54 of the Transfer of Property Act, 1882, the Supreme Court stated that the words “rate paid or promised or element paid and element promised” suggests that actual payment of the amount time of the execution of the sale deed isn’t always a sine qua non for final touch of the sale.
The time restriction for cancellation of sale deed in step with the Limitation Act is three years. Any cancellation needs to be made withinside the mentioned time. In your case issue will begin while you come to realize this reality that they’re dishonest. So your right isn’t always barred by limitation. You can project the sale deed in civil courtroom and you may additionally document an FIR withinside the courtroom for cheating and criminal breach of trust.
Limitation begins from the date of taking place of the fraud of coming to realize of the fraud performed out via way of means of the opposite party. You can use the Stamp paper as a evidence for the promised charge. Limitation duration for your case becomes active from the yr 2018 and now no longer 2013. You also can document a case for breach of settlement specified under the Indian Contract Act, 1872 and file a case for breach of contract under Indian Contract Act, 1872 and you can file a suit for the specific performance of the contract. Do not delay the process and file the civil suit as soon as possible”
Reference: Indian Contract Act, 1872 ,Limitation Act, 1963 and Transfer of Property Act, 1882 – – AHG6 – 202100580 – 3 – 28 – 20210011920210042805
LAWAYZ-2023-905