• Conversion of an exchange deed executed in 1966 into ror

My grand father by caste an SEBC (OBC) has executed an land exchange agreement with a Scheduled caste person in 1966 receiving 1acre 21 decimal dry land in exchange of 96 decimal of cultivable land. Except the exchange deed, we possess not any other legal document, not even permission from local authorities to exchange land with an SC. But the land has been in our possession since 1966 and from 2011 we have a deep borewell there, from where we get our drinking water and pays electricity bills connected with our home meter.
The land locates just in front of my home by the other side of the road and we have water connection from that borewell. Also from 2011 to 2013 and at times earlier at times too we used to cultivate that land.
Meanwhile due to our inactiveness the record of the land got transferred to the man's successor (three in numbers )who has executed it during land settlement . Now we came to know that one of the successors among three (one of whom is dead leaving a son who 30 year old now) has sold 69 decimal of the total land measuring 1acre 21 decimal to another Scheduled caste man since 2012, who is appearing now to claim that land. In between we have received no legal approach from the authorities except only in a single instance during 2013 when the Revenue Inspector of the Circle has come to demarcate the land. But the Revenue Inspector too seeing the dispute did not move ahead with his work. The land has never been demarcated as per our knowledge is concerned.
The Khatian from which the 69 decimal land has been sold is in the name of three persons one of whom is dead leaving behind her a son of around 30 years old, another lady is alive and also has a son of around 25/26. The third man who has sold the land is dead now leaving a son behind.
What legal stand we should follow now and how much is the chance lie in our favour to own the legal right of the land.
Asked 7 years ago in Civil Law

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5 Answers

1)was deed of exchange duly stamped and regsitered?

2) was permission from collector obtained ?

3)if deed of exchange is not stamped and registered and permission of collector not obtained you would not be absolute owner of the property

4) if you file suit to set aside mutation of land in favour of purchaser you may not succeed

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1) consent of collector would have been necessary for exchange of land belonging to Scheduled caste candidate

2) failure to obtain consent would make transfer void

'3) mere continuous possession for long would not help you in perfecting your title to the property

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

What legal stand we should follow now and how much is the chance lie in our favour to own the legal right of the land.

As you people have evidence for the exchange of property way back in the year 1966 though it may not be a registered document, but since the property is in possession and enjoyment continuously with your own family members till date and you have evidences to prove this, it would be better to file a suit to declare the title of property in your name.

The pleadings for declaration would be, the exchange deed and also adverse possession.

Consult and discuss with a local advocate in depth about moving further on this issue.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

The deed is duly stamped and registered too. But there is no record of permission is available with us. As my grandfather is no more, we are in complete dark about the fact . Will the continuous possession for such a long period is of no use ?

If the exchange deed is a registered document, it is a substantial evidence for the act that is genuine and acceptable in law.

Further since the property is in your possession and enjoyment ever since, the law of adverse possession too will operate to seek the desired relief.

Dont lose your heart so soon.

You may aproach court with a suit for declaration of title in your favor on the grounds stated above.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1. Even though the deed of exchange of land was registered and stamped, yet it could not have been executed without the permission of the collector as one of the persons involved here belonged to SC category.

2. Mere continuous possession does not cure the defect in your title. IN these circumstances you may file a suit for declaration of title.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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