file civil suit and take injunction order on that property immediately.
My grandfather exchanged some land with his bothers sons now they want it back
My Grandfather exchanged one land with bother's son 20 years ago. Now we have constructed house on that and they have also constructed house. Now my grand father's brother sons want it back and saying they are ready to give another land. We don't have any legal document for the exchange its just just oral. I stay outside of town for job and my grandfather's son creating problems for my family. Is there any legal way to keep this exchange valid. They are telling they will demolish our house and take the land back. Our is big house kind one of my uncle is staying in that house but their is just house for their cows. So for them its very easy but for us its now very big deal because its kind of only one house. Two land which are parts of this exchange are are like this: one land is on name of my grandfather and his brother. This is with us, mainly my uncle. Other land is inherited(or Khatiyani) land. This is with Grandfather's brother son I am trying to settle it in family but they are not ready to listen and they don't care that it will destroy our family as we(my father and his two brother) are also separated out 15 yrs back its also almost oral deal. What Should I do, Not getting any idea how to settle this problem and get legal document so in future they can't create any problem.
Asked 7 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
5 Answers
Oral exchange deal is not valid
2) deed of exchange has to be duly stamped and registered
3) amicable settlement is best option
4) if you go to court you would not get any reliefs
Sir they cannot demolish the house in peaceful possession of your since it was family settlement done twenty years back the oral settlement can be also valid file a declaration for the ownership on that share of land along with declaring your possession from last 20 years and citing the oral settlement and exchange of piece of land in there possession.
The court may accept the pray and declare you the owner of the property in lieu of the valid family settlement in lieu of all facts and circumstances.
Further in case they go to court same can be contest on exchange even if he deny exchange we have adverse possession over the property.
Dear Client,
You can get court declaration of absolute ownership by theory of adverse possession.
Exchange cannot be made valid as ownership in immovable property dose not transfer without registered deed.
If the exchange of property was not be a registered document then it would be difficult to fight against the latest menace created by the opposite party.
However you can perfect the title by operating law of adverse possession besides claiming the benefits of the oral exchange between both the parties around 20 years ago.
You can also file suit for declaration and permanent injunction against the opposite parties.
