Legal Question in Real Estate Law in India
Advise 2 act or ignore?
My brother filed a case against me 4 possession of the house regd. in his name, claiming the same of his own self-acquired property.However, my brother ultimately lost the case & APPEAL after 15 years of litigation. tHE HOUSE HAS BEEN DECLARED A PERENTAL PROPERTY by the court.I have been now advised that I should FILE A SUIT UNDER SEC.340 against my brother 4 misleading/ perjury in order 2 discourage my brother 2 file a fresh suit as a legal heir of the suit property. Is that correct?
2 Answers from Attorneys
Re: Advise 2 act or ignore?
One need to read the pleadings and evidence of your brother to decide whether indulged in perjury.
If offence is perjury is disclosed, then one can invoke 340 Cr.P.C.
Re: Advise 2 act or ignore?
No, that is not correct. 340 may not be maintainable; rather it may recoil on you. He is entitled to a share in the ancestral property. You should better try to reach an amicable settlement through relatives and friends to avoid futile litigation.
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