Hi,

Can anyone enlighten with a reply for the following issue:

In favour of one of our sibling, Patta under Rule 9 (2) of Kerala Land Assignment Rules 1964, was granted in the year 1975 at the instance of our Late Father. The Patta holder since 1968 always been staying out of India and never been staying in India and was not in possession of the land while getting the Patta in his favour or thereafter but always was under the control of our Late father. In that sense he was a binami holder of the property for the Father and other siblings.

eldo

In 1987 he has executed a Sale deed in favour of his elder brother with the understanding of our late father, that the elder brother (deceased) and his successors will not have any further rights over the remaining parental property, orally. This information was not known to rest of the siblings except the above persons.

Now, the successors of deceased brother claiming share of the remaining property. In this context the remaining siblings wish to challenge on the ground that (a) The patta holder was only a binami holder of Father and other siblings (b) The Patta holder was never have any possession of the property and the Patta granted in absentio and subsequent transactions are void in title.

The siblings wish to take legal action including challenging Patta title. What is the limitation period applicable in this case to challenge the Patta title.

pls advise.

brgds