• 30 saal se bane jubaani exchange zameen kya legal hai?

Sir mere father ne 35 saal pahle apne 3 chacha se jubaani zameen exchange kiya aur ghar banaya aur uska boundary kiya. 30 saal Baad na pitaji jeevit aur na unke chacha. Kabhi kisi ne zameen ke liye Kuchh nahi bola 30 saal tak. Lekin ab achanak unke chacha ke bachhe kah e lage ki ye hamare zameen per bana ghar isliye is per aur iske aas Paas ki zameen per Hamaara haq. Exchange Mein Jo zameen di thi wo 30 saal Baad bol rahe unhe ye zameen nahi chahiye.ek ne to boundary todkar kar ghar ke aage ke hisse ki zameen per kabja kar liya. Doosre bhi apni zameen ki dhamki de rahe. Kripaya bataye ki kya kiya haay.
Asked 4 years ago in Property Law
Religion: Muslim

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13 Answers

Deed of exchange has to be duly executed in writing duly stamped and registered

2) if relatives have encroached on your property file eviction suit

3) oral exchange would not be valid

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

File police complaint of criminal trespass

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Agar 30 yrs se possession aapke pass hai to aap adverse possession ke rule se uske malik bante hai. Par uske liye aapko court me declaration of title ka suit dalke possession sabit karna padega

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hello,

There is a peaceful possession for more than 21 one years so no need to worry. If they try to harass you,appoint a lawyer and proceed with an injunction and declaration suit.

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1) whether any mutation of property has been done on basis of oral exchange .? Kindly clarify

2)under section 118 of transfer of property act A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale;”

3)you can take the plea that An oral family arrangement between family members is recognized. Such family arrangement has been held to be binding on the parties and would operate as an estoppel by preventing the parties after having taken advantage under such arrangement to resile from the same and attempt to revoke it.

4) In Kale and others vs. Dy. Director of Consolidation and others AIR 1976 SC 807, the Honble Supreme Court in para 44 has held as under:

44.................................................................. .................The High Court further erred in law in not giving effect to the doctrine of estoppel which is always applied whenever any party to the valid family settlement tries to assail it. The High Court further erred in not considering the fact that even if the family arrangement was not registered it could not be used for a collateral purpose, namely, for the purpose, of showing the nature and character of possession of the parties in pursuance of the family settlement and also for the purpose of applying the rule of estoppel which flowed from the conduct of the parties who having taken benefit under SA208.00.odt 12/17 the settlement keep their mouths shut for full seven years and later try to resile from the settlement....................................................... ..........

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Sir zameen per exchange the agar prove nahe ho rha to bhe apka legal possession hai or vo tod ya phir zamin wapas nahe le skta. AP police complaint kijiya or unka khilaf permanent injunction ka suit file kariya.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Police complaint or civil suit injunction ka Lia dono krna chyia abhe.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir it got exchanged and even if the exchange is not proved without prejudice you have adverse possession over the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

The verbal exchange in not legal and hence you may undergo for settlement now.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Oral exchange jab hua tab koi witness thay kya?

Agar witness maujood ho to exchange valid rahega warna nahi.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

If you have documentary evidences for possession and enjoyment of this property, then you better file a suit for declaration of title and permanent junction restraining them from interfering in your possession and enjoyment and also an an application for ad-interim injunction on the same lines till the disposal of the suit.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Kya is samaya ke liye police complain ki haay ya legally kuch kiya haay?

Police may not come to your help in this civil matter, hence better approach civil court for relief and remedy

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Lekin oral exchange 30 yrs pahle hua aur 30 years tak exchange karne waale ke bachhe chup rahe aur achhaanak zameen maange tab kya kiya haay? All villagers are witness that in that land our house is built and no one questioned till 30 years because everyone knew that it got exchanged

The oral agreement for exchange and also adverse possession will be a legally valid ground for seeking to declare title in your favor in the declaratory suit that may be filed.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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