• Exchange of properties

Sir, please refer my previous msg on the mentioned title. I want to ask you that though it is too late to claim my disputed plot got on exchange with my agri land which is now illegally occupied by the opposite party. Sir the xchanged plot is Abadi Deh plot whose registration cannot be done. Now  The question is that then the opposite party might have got sign of my grandpa on an affidavit  to show sale of the said plot. then it is necessary to investigate whether the opposite party have any proof to claim the plot which he may produce during the pedency of court proceeding which weeken the our conviction suit
Asked in Property Law from Sirsa, Haryana
Religion: Sikh
1) sale of plot has to be by registered sale deed to confer clear and marketable title to the purchaser . 

2) mere affidavit made by your grand father does not constitute sale . sale deed has to be registered and stamped to be admissible in evidence 

3) take 30 years title search in sub registrar office to find whether any transactions have taken place in respect of the property
Ajay Sethi
Advocate, Mumbai
28427 Answers
1542 Consultations

5.0 on 5.0

1. If the plot was sold by your grandpa, there would have been a Sale deed registered before the Registrar by paying stamp duty and registration fee. Mere affidavit of sale will not convey title of the property,

2. You can make necessary registration search to find out if there was any such regiatration of sale deed executed and registered by your grandpa to further proceed on the matter. 
Krishna Kishore Ganguly
Advocate, Kolkata
13913 Answers
308 Consultations

5.0 on 5.0

1) the abadi deh is the inhabited village site consisting of land on which houses of the villagers usually exists. It includes streets, play grounds, schools, drinking wells, ponds, lawns, dharmasalsas and sarais. Just as in Shamilat deh so also in the abadi deh the proprietary rights are, as a rule, vested in the proprietary body.

2). Though a proprietor of the village (malikana-deh) has got full rights over the dwelling house on abadi deh but co-sharers in the exclusive possession of a site in the abadi could not use it in a manner which altered its joint character or was otherwise inconsistent with the rights of the other co-sharers. These sites are usually recorded as the common property of the community

3). The general custom is that a villager does not own the abadi deh site on which he constructed his house; he is only entitled to the material. The site belongs to the proprietary body.

27. The abadi of the village being joint property was liable to partition, but the portions occupied by houses of the villagers or used for public purposes would necessarily have to be excluded from partition. In Manji v. Ghulam Mohammad AIR 1921 Lah. 157 it was held that where a plot of abadi land was taken exclusive possession of by the defendants, two of the proprietors of the village, who asserted their exclusive title and denied the title of the other proprietors, a suit for joint possession by other proprietors was competent, and that a Civil Court, but not a Revenue Officer or Revenue Court, had jurisdiction to partition the abadi land. The matter is thus to be seen form the angle as to what are the rights of the co-sharers in an abadi deh land. Notwithstanding the nature of interest/rights of the proprietors over abadi deh land, the general principles giving the rights of co-sharers would be applicable in such cases. All co-sharers will have a common interest in the abadi deh property and a co-sharer cannot be allowed to appropriate to himself land, in which his co-sharers have an interest and he cannot be allowed to build upon it in such a way which is likely to adversely effect the interests of other co-sharers over the joint land.
Ajay Sethi
Advocate, Mumbai
28427 Answers
1542 Consultations

5.0 on 5.0

1. With the present situation the only option left before you is to lodge complaint u/s 420 IPC against him for not giving possession of the property he had exchanged for your grandpa's land,

2. Challenge the authenticity of the affidavit of your grandpa, if they bring out any such affidavit, since you have no other route to claim the property which should have come to your grandpa  due to the said exchange.
Krishna Kishore Ganguly
Advocate, Kolkata
13913 Answers
308 Consultations

5.0 on 5.0

1. On what basis do you say ''it is too late to claim my disputed plot''? If your property has been grabbed by some one then go to court and seek his eviction.

2. If your grand father has sold the property to some one then you cannot claim it now except by challenging the transfer and proving that his signature was fraudulently obtained. 

3. The court will not order any investigation. It will simply decide your rights to the plot.

4. What do you mean by ''conviction suit"?
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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