• Agreement for exchange of land made on 100 rupees stamp paper but not registered

We had made oral agreement for exchange of land with our relatives in 2001 , from then onwards we are enjoying/possessing the exchanged land. after few years due to some disputes they asked for return their land. With village heads mediation , it was settled in 2012 and then the agreement was recorded in 100 stamp paper and both the parties signed separate documents for exchange of land with sign of 2 no's witnesses, but these docs are not registered at sub-register office. later on the basis of this stamp paper agreement we applied for land passbook( 1-b,adangal), then revenue dept. has issued pass book with change of name to our family head. In this land we are occupants from 2001 and there is a electricity connection for farm motor in this land in the name of our family head from 2002.

Recently again our relatives asking for return their land (earlier) and asking us to take back land( earlier owned by our family) .

Legally what is our status. Can we file for Suit of declaration and can win the suit ?
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

The unregistered agreement is not legally valid and cannot be enforced i court of law.

However since the other party is demanding the return of their property without honoring the mutual agreement between you both, and also since this will continue forever, it is advised that you better file a suit for declaration of your title based on the original oral agreement in the year and you can add the latest unregistered agreement along with other documents namely the patta, electricity connection related documents, tax receipts as documentary evidences to support your claim towards the declaration of title and interests in the property.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Submit an application to MRO under Section 4 of RoR Act enclosing documents of exchange. You need to deposit registration fee, and stamp duty on the  basis of value of property. A pattedar passbook will be issued to you. On the  basis of which  you can file a suit for declaration  and obtain a perpetual injunction against interference against your relatives.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

it doesn't have any legal admissibility without registration. You can register it now also paying applicable penalty

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

The revenue records are not the title documents.

It may be useful to you to support your pleadings for declaration suit seeking the relief of declaration of title and interest to you  that has been advised to you.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Refuse to return the land 

 

2) let your relatives file suit to claim said land 

 

3) rely upon agreement entered into between parties for exchange of land 

4) passbook issued by revenue authorities for said land 

 

5) in event you file suit for declaration claiming ownership of land on basis of deed of exchange your relatives can take the plea that un registered agreement is not admissible in evidence 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- Since, you are already taken the possession of the same on exchange basis before the village heads in the presence of witnesses , then said relative cannot ask for the the same 

- Further, as you are in possession of that property since last 21 years , then even on the ground of adverse possession you can claim the ownership of that property. 

- Hence, you can file a suit for declaration before the court for declaring the legal owner of the said property and for getting relief permanently. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer