Question :

If a real relatives fraudulently transferred my property into their own name by involving a person who played my fake role and used fake signatures and thumb impression, when I was financially and physically depending on the culprits (as I am handicapped by legs), and could not approach the court of law, then after 22 years when I have luckily become independent, is it a time barred situation or can I still challenge the forgery in the court to get back my right?

Answer:

  1. You can challenge the fraud at any time, fraud is fraud and no there is no limitation in such cases.

    It was a void transaction in view of case law PLD 1964 S.C. 329 Muhammad Akbar vs. Mohammad Yusaf Shah and others, PLD 1975 S.C. 624, Mst. Hameeda Begum Vs. Murad Begum and as per settled law there is no limitation to assail the void transaction. In precedent 2016 SCMR 1417, Peer Bakhsh Vs. Mst. Khan Zadi and others, it has been laid down that limitation did not run against a void transaction.

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