Legal Question in Civil Litigation in India

regarding land dispute between me and my brother.

When i was 17years old(31years my present age) my father and brother bought 2 plots one is on my name and one more on my brothers name. Now we have devided 3 years back. In this division there is no decision made in village panchayath. He was occupied my plot forcefully. He made single room construction 2 years back, now he is completely occupied by removing the compound wall in between. Still the plot is my name and there is no record for the construction. Please guide me in this case.

Thanks & Regards


Asked on 12/14/06, 7:03 am

3 Answers from Attorneys

Re: regarding land dispute between me and my brother.

dear sir,

in your case it is to be seen that whether the partition/division was reduced into writing and was signed by all the members and was registered or not.nevertheless,since the land stands inyour name hence you are the absolute owner of the same and this is irrespective to the fact that the same was purchased by your father in your name.Even if your father claim the same then he also does not have right to claim the same and the same is barred by BENAMI TRANSACTION ACT.Go ahead and claim back your land and if required file suit for possession in civil court and also claim damages for its use by your brother.

In case of any other query/assistance cal on my mobile no.9873343288

thanks.

siddharth

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Answered on 12/14/06, 7:56 am
Sarosh Bastawala ADVOCATE - SUPREME COURT OF INDIA

Re: regarding land dispute between me and my brother.

You have to file a declaration suit agasint your brother with possession for your part of the land

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Answered on 12/14/06, 9:10 am
D. M. Bhalla D.M LAW CHAMBER

Re: regarding land dispute between me and my brother.

Provisions of Benami Transaction Act makes you an absolute owner of the property. any construction by an alien or otherwise would be yours. you may proceed in criminal trial to gain quick possession with a lesser cost. Further querries are welcome.

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Answered on 12/20/06, 7:11 pm


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