Strengthens property rights against fraud in land disputes. The court concluded that the deed was void ab initio. The supreme court observed that a registered sale deed executed during the pendency of the underlying suit does not automatically render it null and void.
Stuff They Don't Want You to Know By Ben Bowlin, Matt Frederick, Noel
(iv) whether the plaintiff or defendant has got right, title and interest in the suit property. When a deed is void, it does not require a separate prayer for cancellation—it simply has no effect in law. Under article 58 of the limitation act, 1963, a suit for declaration that a sale deed is null and void must be filed within three years from the date the right to sue first accrues.
In a recent case from haryana, the court ruled that a registered sale deed without actual payment is void ab initio — meaning it has no legal effect from the very beginning.
Held that when the impugned documents are void ab initio (there, a sale deed and order rendered void after bhim singhji struck down a statutory restriction), a plaintiff can ignore. A void document need not. Supreme court holds fraudulent sale deeds void ab initio, applying article 65 limitation act. The court explained that suits for possession.
The 1973 sale deed was void ab initio (null from the start) because the plaintiff never executed it and no valid consideration (payment) was proved. (iii) whether the sale deed dated 01.10.1974 is void ab initio and li ab le to be set aside. The supreme court, in a significant ruling, has held that a lawsuit for possession of immovable property based on title, where the underlying sale deed is void ab initio due to. It held that the suit, though filed eleven years after the impugned sale deed, was governed by article 65 of the limitation act.
