Legal Question in Real Estate Law in India

To b suied

A plot was purchased & const. was done on the same by my father but in the name of my elder brother who was then a student with no income. Father is since no more. I m in possession & my brother is out of possession. He has issued me notice demanding possession. I m also likely 2 b suied by my brother. Can I BE PROTECTED BY raising defence under SEC. 4(3)(A) of the prohobition of the benami trasation act 1988.?


Asked on 9/11/08, 8:50 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: To b suied

You may claim half share in the property on the ground that entire investment was made by your father whereas your brother had made no contribution but entitled to only half share on the basis of inheritance, if there are no other legal heirs.

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Answered on 9/11/08, 10:51 am
Shrichand Nahar S.V.Nahar, Advocate

Re: To b suied

One need to apply mind to all the facts, circumstances and available evidence and decide.

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Answered on 9/13/08, 1:02 am


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