MM Joshi 20 June 2017
Soumya 20 June 2017
From what I gather, there is a way out of this.
Firstly, if your relative bought this agricultural land, was there a receipt of such a transaction? If yes, then that is essential.
Second, was there a sale deed? That can be crucial.
Next, if the Ikrarnama was written and signed by the seller, and it states in no uncertain terms that the land was sold, it does not require any registration as it amounts to a family arrangement that only speaks of a past transaction. Therefore, that is also a major factor going in your relative's favour.
Further, on the strength of the Ikrarnama, the buyer (your relative) can simply register the land in his name himself by going to the relevant registry and filling out the prescribed forms. The only hiccup in this scenario would be if the elder son disputes the transfer. However, even in such a case, I believe there would be no problem as the Ikrarnama is valid and therefore the registry would reject the dispute.
Finally, if registration of the land in his name does not work out, he can approach the court seeking enforcement of the sale deed and transfer on the grounds that he executed the transfer and paid consideration for the same, and he may admit the Ikrarnama as evidence. However, this is a far longer option, so I would suggest he should first attempt registration himself.
MM Joshi 21 June 2017