Can I return exchanged land if no government registration occurred?

Hi, how are you doing today? I need some advice on the following matter. In my village, my mother had a small piece of land, which she exchanged for another piece of land. Both parties (us and the people we exchanged land with) signed the agreement on stamp paper, but the registration with the government was never done. Now we no longer want to proceed with the exchange for certain reasons. Can we return the land to them and take ours back?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 25 Feb 2025

If the land exchange was only documented on stamp paper but not registered with the government, it is not legally binding under property laws. Since registration is required for property transfer, ownership remains unchanged, and you can mutually agree to take back your land. Both parties should sign a cancellation agreement to avoid future disputes. Consulting a local lawyer can help ensure the process is legally secure.

Admin
Advocate By LEAD INDIA Answered: 24 Feb 2025

If the land exchange was not registered, you can cancel the deal by getting mutual agreement from both parties. Create a written agreement to return the land and take back yours. This agreement should be signed by both parties and notarized. It is best to consult a lawyer to make sure the process is legal. For further legal assistance contact us on our helpline number.
 

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