• Plot on other land

We have a house built 50 years ago. The plot is under agriculture land.The same plot in on other person name and we have given him other land for exchange but there is not any legal document for exchange.Now we want to build new house at that area but the other party is now objecting and threatning to bring stay order.what should we do?we want out of court remedy as court takes too much time
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

Such exchange is not legal, This could have done by executing 2 separate gift deed/sale deed. Let him approach court, he has no legal title on that land.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

deed of exchange should be executed duly stamped and registered

 

2) if other party is objection to carrying on construction on land ask him to return your land and take his land in return 

 

3) since you do not want to go to court amicable settlement is best option 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Sir,

You have perfected adverse title to the true  owner as such you may file suit for declaration seeking injunction. If the other party insisting for Out of court settlement , he may take some Undertakings and admissions from you and you will be thrown out of the possession since you are  not having any exchange deed . Under These circumstances it may not be possible to go for out of court settlement 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

See you both can make a compromise deed you both can make a registered exchanged deed you can pay stamp duty in same and can register the properties on your names. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you cannot carry on construction on land that you are not the owner 

 

2) for sanction of building plans municipal corporation or panchayat would insist on signature of owner of land 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See if the other person is disputing the title and since you are in possession of the said property from last 50 years over same then you can claim adverse possession over the property in case he files a suit. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Who is in possession of that house, if lyign vacate without electricity and water connection can take possession and demolish it.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

This is very tricky situation. You can't do anything if he goes to court. In that case you need to prove your case with witness only. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1.  FIRSTLY House construction is illegal, IF constructed on Agricultural Land, that too on other persons land without any available registered legal documents.

2.  SECONDLY you need to regularize the exchange of land between the two owners, by executing a proper stamp duty paid registered agreement.  This is necessary for future court disputes.

3. THIRDLY, agricultural land has to be converted into non-agricultural land, to build a legal house for all futuristic purposes.

4.  IF there was no registered agreement about the exchange of lands, THEN it becomes a criminally prosecutable  matter.

CONSIDER all above and try amicable settlement, before proceeding further, for demolition or house construction.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

without legal documents you cannot construct on said land. better settle dispute amicably. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file case for ownership of that land by adverse possession from last 50 years. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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