Legal Question in Civil Litigation in India

Property related dispute between two broher

one house purchased by my father in 1976 in name of his brother. All housing loan installment paid by my father as well as other dues. my father is in possession of property since 1976. It is advisable to take defense under benami transcation act or Adverse possession Act?


Asked on 2/08/09, 2:22 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Property related dispute between two broher

Well that would depend upon further facts. Adverse possession is a defence and cannot be used as a claim. Are you a defendant / plaintiff and what is the nature of the claim.

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Answered on 2/09/09, 12:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property related dispute between two broher

There is no such law as "Adverse Possession Act"; your father may, however, file a suit for declaration under the Benami Transactions (Prohibition) Act.

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Answered on 2/09/09, 6:58 am


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