Anonymous
Asked September 20, 2016

Transfer of property case

  • 1 Answer
  • 214 Views

sir hamara rajkot ke near shapar ke under shatidham society me makan hei, jaha ham pichale 16 year se reh rahe he, us house ka dastavej mare father ke bade bhai ke naam pe he, mare father ki saddi ke time mere father ke bade bhai ne vada kiya tha house aapko banadege, usi vade se sehmat hoke saddi ki gai thi ab after long time woh use house ka money maang rahe .. 8 lack ... so what can i do please ask me legal information about this meter

Answer 1

Default avatar
Saurabh Kumar

The facts of this case, seem to refer to “promissory estoppel”

 

The principle of estoppel in India is a rule of evidence incorporated in Section 115 of The Indian Evidence Act, 1872. The section follows the principle that when a person believes or acts upon a promise made by another person, it becomes an instance of promissory estoppel.

 

The following are the essentials to make any estoppel promise binding on the other party: 1. The State makes the promise within the ambit of law. 2. There is an intention to enter into a legal relationship. 3. The other party must do an act in furtherance of that promise or is forbidden to do anything.

 

In this case, the second condition is not fulfilled in any way. Your father and his older brother did not enter into any legal relationship- there was no exchange of documents and likewise no such legal formalities were completed.

 

But, under Section 62 of the Indian Limitation Act, 1963, the maximum time period of 12 years to claim the immovable property back. Hence, you could cancel out his legal claim over the property by citing your possession of the same 16 years back and also produce witnesses to back your claim of both the possession and the promise so made that allowed you to take occupation of the same flat.

 

Agree Comment 0 Agrees about 4 years ago

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