Legal Question in Real Estate Law in India
My brother filed a suit 4 possession & mense profit against me claiming himself 2 be the owner.I defended the suit taking the plea that the property belongs 2 the father since decaesed.His suit is now dismissed & the property has been declared 2 be belonging 2 father .I fought this case 4 some 20 years solely of my efforts as most legal experts gave me the impression that I had a week defense in view of the fact that the lease-deed stands in the name of my brother & also the property is muted in his name & THERE IS ALSO BENAMI ACT IN HIS FAVOUR.It HAS NOW COME 2 MY NOTICE that my brother can still claim his share as ca co-owner notwithstanding the fact that he lost the suit claiming himself as the owner.i WANT 2 CLAIM FULL ownership in view of the fact that had my brother won the above suit then he would had grabed the perantal property .Passed judjements can b reversed & law reinterpreted. Can I HAVE A POINT TO DEFEND IN THE LATEST SUIT 4 PARTITON filed my brother now in view of my UNDERSTANDING THAT LAW CAN ALWAYS B AMENDED .
2 Answers from Attorneys
It all depends on what ground your brother claimed ownership in his suit against you.
S.Seshadri
Chennai Office Phones: 98403 20808/ 28515229
emails: [email protected]
since it is a pending court case, you may want to engage a lawyer for defence.
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