• Land exchanged 20 years ago without legal agreement

My father had exchanged a cultivation land 20 years ago with another person (lets name him X) in our village. The exchange was happened without proper agreement or registration. After the exchange, we used to cultivate on their exchanged land. Ten years back my father was changed the land into flat for my brothers to construct their own home. Actual problem is started after the death of X three years ago. His son is entered our land and doing some activity this year since our land value is going high compared theirs. It is difficult to move legally. Please advise if there is any legal or shortcut ways.

Note: In our village, many lands are sold/ and exchanged without proper agreement or registration. Our previous generation followed the moral values and they stand with it. Entire village is stand on our side now.
Asked 1 year ago in Property Law from Pudukkottai, Tamil Nadu
Religion: Hindu
1) deed of exchange has to be duly stamped and regd 

2) if you are in possession of land then seek an injunction restraining neighbour from disturbing your possession of land as you have been in possession for 30 years 

3)?you can claim adverse possession as defence 
Ajay Sethi
Advocate, Mumbai
37894 Answers
2122 Consultations

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You have to contact local lawyer in this regard and file suit for an injunction as advised 

2) you can obtain interim reliefs within a month 

3) suit may take some years to be disposed of
Ajay Sethi
Advocate, Mumbai
37894 Answers
2122 Consultations

5.0 on 5.0

Since you do not have any document to prove your title to the land which you say that your father had got after the exchange you cannot evict the son of X from the land. You have no legs to stand on in the court. 
Ashish Davessar
Advocate, Jaipur
21700 Answers
591 Consultations

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Actual problem is started after the death of X three years ago. His son is entered our land and doing some activity this year since our land value is going high compared theirs. It is difficult to move legally. Please advise if there is any legal or shortcut ways.

When you dont have proper legal documents to prove that this property was exchanged to other property, where is the claim for it is valid in the eyes of law?

Short cut was is to talk to those people and arrive at an amicable solution by giving them some compensation and get an exchange deed executed and registered, if not this problem will arise for ever. 

The plotted properties also cannot be sold without valid document to prove the title to the property under which this property was converted into plotted property.
T Kalaiselvan
Advocate, Vellore
27815 Answers
290 Consultations

5.0 on 5.0

We haven't done any registration (opposite party creates problem only because of this). 
What is the procedure to get that? 
How long this case is going to run approximately?

Without a registered document in your favor, your case is very weak and you may have to put great efforts to prove the concept before the court.

The title perfection by adverse possession is the only ray of hope.

Compromise settlement shall be another alternate solution. 

The court case may stretch indefinitely and there are no possibilities for a favorable decision

Decide wisely now when you still have an opportunity. 
T Kalaiselvan
Advocate, Vellore
27815 Answers
290 Consultations

5.0 on 5.0

1) we dont advise fabrication of documents 

2) in case you are caught criminal complaint can be field against you for fabrication of documents etc 

3) you should claim adverse possession as defence 
Ajay Sethi
Advocate, Mumbai
37894 Answers
2122 Consultations

5.0 on 5.0

Dont ever expect an opinion for a wrongdoing or for an  illegal act. 

If you want to create fake document, what is the necessity to approach this forum seeking advise or legal opinion.

No lawyer will  appreciate your wrong notion nor will encourage to do such illegal act.

Seems you understand law better than the lawyers, hence you are at your liberty to do whatever you feel right, no opinion can be rendered for doing a wrong thing or initiating an illegal act for personal gains. 
T Kalaiselvan
Advocate, Vellore
27815 Answers
290 Consultations

5.0 on 5.0

If you 'make a fake document' it will be forgery which carries an imprisonment of up to 7 years. Nobody can predict the outcome of a legal proceeding, much less with the exactitude which you have shown. 
Ashish Davessar
Advocate, Jaipur
21700 Answers
591 Consultations

5.0 on 5.0

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