20 years back we have exchange a land for path to our house with some person and but no written documents hav been signed between both of us later on that path was cemented through panchayat scheme also now this person is saying that u take your land back and give him money for the same and asking a huge money can u tell us what are the options avaliable with us????
Asked in Property Law from kangra, Himachal Pradesh
can u pls tell me all options or legally what we can do
Asked 2 years ago
1)the terms and conditions of agreement ought to have been reduced in writing duly stamped and registered .
2) in your case oral agreement has only been entered into
3) whether revenue records reflect the oral exchange between parties ?
4) case of Mohammed Aslam and Ors. v. Azad Khan and Anr., A.I.R. 1947 Peshawar 27. In the aforesaid judgment, it is held that exchange of immovable property can be effected by an oral agreement between the parties.
5) in Sardara Singh's case (supra). The Division Bench was considering the case pertaining to oral exchange. The learned District Judge took the view that an oral exchange was permitted in the Punjab and held the exchange to be valid. It was also held that the plaintiff was estopped from challenging the exchange.
6) you can refuse to take your land and pay the money demanded by the other person
1. If no documents were executed then you continue to be in position you were in prior to your decision to exchange. It is your misconception that the exchange happened. Unless there was a written deed the land and path are being owned by the persons who owned it before 20 years.
2. Mere cementing of the path does not change the ownership.
3. Legally speaking, the land was never transferred to the other person. You continue to be the owner of the land. So you do not have to pay any money to him to get your land. If he denies you access to your land, or has occupied it then you may recover the land by filing a case for eviction against him in the local court.
you do not have to be obliged by his demand if you are not comfortable with his idea.refuse to pay any money now
2. Legally you should have made a document to effect the exchange and transfer of the land.
3. If he goes to court you will have to defend it, with whatever evidence you have for the said deal.
why he is asking money if the land was exchanged for the path ? is it due to difference of valuation of the exchanged land, what is the difference of amount if any?
4. Legally you should send him a notice asking for the completion of the transaction of exchange and transfer vide a proper registration of an exchange deed. move to court if you have any evidence to prove the deal of exchange of the said lands.
What is done 20 years earlier cannot be challenged now. Its time barred unless one can show that the dispute arose due to any occurrence recently.
1. It is established since last 20 years that you have exchanged your land with his land which has been used as path by you,
2. It is so established by the fact that Panchayat has cemented through panchayat scheme,
3. Refuse to pay any heed to his said claim,
4.Contest the case fittingly if he files before the court.
1. You should collect all evidence in support of your claim that the said land which you are now using as Path was exchanged with your land and hat he is also using the said exchanged land for last 20 years,
2. Collect relevant Pannchayat ecord also in support of te said exchange.