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

Seshadri Srinivasan www.lawconcern.com

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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

Answered on 9/23/09, 9:26 pm

Shrichand Nahar S.V.Nahar, Advocate

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

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

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