Legal Question in Real Estate Law in India

I Purchased house from my own money but in the name of my brother in 1970.I took the exclusive possession in 1970 & the possession is with me till today.The property, however, is regd. in the name of my brother.My brother was only a name lender.Now he is not cooperating.I have been advised to file a SUIT 4 DECLARATION with an alternative plea of adverse possession.Is the plea of ownership & alternative plea of adverse possession possible?SUGGEST a leading CITATION.


Asked on 9/23/09, 7:33 am

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Your case is weak in the light of development of Benami law.

However, you can file suit for declaration BASED ON adverse possession.

S.Seshadri

Chennai office Phones: 98403 20808 /28515229

emails: [email protected]

[email protected]

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Answered on 9/23/09, 9:26 pm
Shrichand Nahar S.V.Nahar, Advocate

Both reliefs are contradictory. One need to go the court with a positive case.

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Answered on 9/24/09, 3:05 am


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