Legal Question in Intellectual Property in India

Laws governing exchange deed

We exchanged a land with one party. The land given by him was illegal. Our land which we gave to him, was given to the Governor of TamilNadu, INDIA to built a school. Will we be able to get back our old land since the land given by him was not legal? We entered into exchange deed. what is the procedure to get back our old land.


Asked on 4/02/07, 2:46 am

3 Answers from Attorneys
Nandita Haldipur Haldipur Associates

Re: Laws governing exchange deed

you need to give some more details as to what you mean by saying that the land given by him was illegal. further only after seeing the exachange deed we will be able to advise you on the same

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Answered on 4/02/07, 10:27 am
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Laws governing exchange deed

No, you cannot get your land back. You have sold your land in exchange with his land. Thus, there is mutual consideration. Once a contract is concluded, it seals the intentions of the parties. You can sue for damages at the most. You cannot rescind the contract, since third parties have taken benefit under the same. You did not do your homework well, hence, this calamity.

I hope this answers your question.

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Answered on 4/02/07, 11:28 am

Re: Laws governing exchange deed

Facts given by you are incomplete.Exchange deed is required to be examined.Nevertheless you can claim damages only.

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Answered on 4/02/07, 1:34 pm


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