Time period to file a recovery case

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 4 weeks ago.

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  • #4759

    Respected Sir,

    Please suggest me : That My elder brother and I made a sales agreement/biana with my mother in August/2010. Actually the house was in our name but after the death of our father,our mother bought the house from us by registered deed in 2003. After that in 2010, when she approached us to sell her house (same house) then my elder brother and I gave Rs. 3.00 Lacs and executed the sales agreement for the same house.

    It is to be noted that the time period of registry was within three years in agreement. But after some time, in 2011 my mother made an another sales agreement with another person and took Rs. 5.00 Lacs as earnest money and also took consent from my elder brother in this sales agreement. But at the time of sales deed/registry my mother called me to give consent as she had some dispute with my elder brother.

    Then to save my mother from legal litigation and other problems, I went to Sub Registrar office and gave my consent in sales deed as per her wish. But after some week my elder brother sent legal notice and also filed application in Economic Offence Wing regarding breach of agreement and theft of stamp duty etc. against my mother and me. Then my elder sister and younger brother also came to E.O.Wing and gave their statement that the agreement was made between mother and sons and sons gave Rs. 3.00 lacs as earnest money to their mother.

    When my mother received legal notice and other calls from police, then my mother knowingly convinced/pursuaded me that she would goto jail in this age and only I can save her etc etc. Then she requested me to give statement in her favour and I give the statement that the previous biana was cancelled by us. I did the same whatever she wanted.

    After some month my mother went against me and framed me in a false fraud case @ 420. Which is under consideration and verdict will come very soon.

    Now I want some suggestion regarding this agreement/biana. As this sales agreement was executed in 2010 but my mother never returned our money. After that my spouse and I are facing criminal case till yet. Is it possible for us to filed a recovery case for my Rs. 1.50 Lacs from my mother. But somebody told me that the recovery period has been lapsed and our case would not be accepted by the court. But as I told you earlier that my mother framed us and made us busy in defense the criminal case for the last 7 years, thats why we were not able to think about our recovery.

    Therefore you are requested to please suggest me some remedy. I want my money back and even I want to divert the attention of my mother as she is after us very badly that she always plan to harass us at any cost. In this matter, my siblings are also with her now.

    Proper legal help and references would be very appreciated.

    Thanks in advance

  • #4770

    The limitation period for recovery of money is 3 years.

    However, under the provisions of Section 18 of the Limitation Act, 1963, if there is an acknowledgement in writing of the liability before the expiry of the limitation period, then a fresh limitation period would start from the date of such acknowledgemnt:

    18. Effect of acknowledgment in writing.—(1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

    (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.

    Explanation.—For the purposes of this section,—

    (a) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right,

    (b) the word “signed” means signed either personally or by an agent duly authorised in this behalf, and

    (c) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.”

    So, with the help of your local lawyer, you can check on the basis of your detailed facts, whether your matter is covered within Section 18, as quoted above.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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