Legal Question in Real Estate Law in India

Mockery of law.

My brother lost the case against me after 20 years of litigation. The suit related 2 the ownership of property. His case was that the suit property was his selfacquired property. Whereas my defense was that the suit property was our perantal property but regd. in the name of my brother.My father has been declared as the sole owner of the property.When the suit was filed 20 years ago my brother told me 2 take 15% & settle the issue outside the court . but I ASKED 4 my lawful 50%. He made it clear 2 me that even if he loses the case will get 50% by way of succession & he is taking the chance in which if successful he will get 100% & I will not get anything & in case if he lose he will get his 50% of the perental property as legal heir, ie his 50% is always secure according 2 law of the land.Now he has lost the case & he has FILED A new CASE 4 HIS 50% share.What is this?Had I NOT WON THECASE HE WOULD HAD GRABED MY 50%STREIGHTAWAY..JUST because He FAILED IN HIS ULTERIO MOTIVE HE BECAME ENTITLED 4 HALF THE SHARE? SUGGEST THE REMEDY?I understand that this is a total injustice.He cannot make a fool & mokery of law.


Asked on 10/11/08, 11:29 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Mockery of law.

You remedy for what? Your brother already lost the case. If by law he is entitled to 50% share, then he can agitate for the same.

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Answered on 10/12/08, 5:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Mockery of law.

You should be satisfied if you get your 50% share. Try to avoid litigation and reach an agreement, if you get your share.

Do not forget, a brother is a FULL BLOOD relationship having no parallel with any other relationship.

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Answered on 10/11/08, 2:27 pm


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