It's important to also do legal registration. Even if there is no legal register he can still claim the same if there any document of transfer. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
A land exchanged between 2 persons in a village and patta name was changed but no legal registration
A land exchanged between two person(PersonA to PersonB) in a village 23 years ago and the land patta name was changed but no legal registration happened. Both were using the exchanged land without any trouble till last year. Now patta is in PersonB name and registration document in PersonA name. Is it possible first of all ? I'm little confused here. PersonA says that he wants his old land back. He has started fighting directly (not legally). Can PersonB fight legally with patta?
Asked 3 years ago in Property Law
Religion: Hindu
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15 Answers
Any transfer of land or exchange of immovable property without registration is not legal and enforceable. But nighters A nor B can claim title over their original land. Recovery of exchanged land barred by limitation with his 12 years. Both will face problem at the time of selling land in their possession as the same is without registration . Entry in patta is only proof of possession not of title. They can still register a exchange deed if both agreed. In case one is not ready, better to revert of possession of original lands.
This kind of things which people think that it would be permanent, always end up in disputes.
One cannot do an exchange like as it is not legally recognized. The stamp duty has to be paid.
Therefore appropriate legal proceedings should be initiated.
Entry in revenue records (patta) dies not confer title to property
2( registered sale deed confers title to property
3) let A file suit for eviction
4) claim defence of adverse possession as you are in open ,hostile, uninterrupted possession for over 12 years
A written agreement with patta can help.
G.RAJAGANAPATHY
High Court of Madras
- As per law , a Patta is not documentary proof of ownership of the land, and registration is mandatory .
- Since both have exchanged the land amicably , then after passing a period of 23 years B cannot re-exchanged the land without getting the consent of the A.
- If B fights , then A should file a suit for Adverse possession and Injunction before the court for getting ownership title and to restrained B to interfere in the portion of A.
dear sir,
Registration is a mandate and it should be done asap. The exchange without registration is illegal and not enforceable in law.
Thank you
1. He can contest the claim of person A with the help of the unregistered agreement and also the patta.
2. He can also file a declaratory suit praying for a declaration that he owns the plot exchanged with the plot of person A based on the unregistered agreement and the patta..
3. Simultaneously he can also file an application u/o 39 r 1 & 2 praying for an order restraining person A to step in to the land he has once exchanged with person B till the suit is disposed of.
Since the exchange of property was not executed by a registered document, this exchange can be invalid in the eyes of law.
It may not be possible to invoke even provisions of law of adverse possession.
However the opposing party may file a suit to declare the exchange on the basis of oral agreement between both the sides and subsequent name transfer in patta.
Thanks for your mixed replies. Person-A is fighting due to value increased for his old property but Person-B is having the possession. I'm Person-B. I don't have any documents/agreements except the name change in Patta. Shall we go for filing a suite? Is there any possibility to win at the end or to get some amount from Person-A as penalty? In the least case, Is there any possibility to restraining Person-A to step in to the land he has once exchanged?
Asked 3 years ago
You can file suit claiming ownership of land on account of adverse possession for over 12 years
seek injunction restraining A from disturbing your possession of land
Dear Client,
Patta itself is a legal document, and since, it has been registered in your name, you are the actual owner of the property.
In such a case, you can file a suit against Person A under the provisions of Section 425 IPC, for causing mischief, and Section 6 of the Specific Relief Act, 1963, for protection against the dispossession of property.
Thank you.
Since the possession of property is with B and the patta also have been transferred to his nae on an oral exchange between both, he can file a suit for declaration of title to his name on the basis of the evidences in his side as well as if it is eligible for perfecting the title by operating the law of adverse possession.
1. Person B can very well claim title of the property since he is holding its possession since last 23 years in addition to the record in his name in the Patta.
2. Verbal agreement is also considered as valid in certain circumstances.
3. Person B certainly can win the case which might be continued for years to come.
Yes there is a possibility for the same. Best of luck
- You can file a declaration and injunction suit before the court for declaring the owner of the property on the ground of continuous possession and to restrain the person A from interfering in your possession.