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How to recover my share of land?

(Querist) 09 April 2012 This query is : Resolved 
With a view to purchase lands along with my brother, I paid sale consideration by way of Banker’s Cheque towards my share to the vendors, wherein the details of the said Banker’s Cheque is mentioned in the sale deed.
At the time of registration, when I was out of station, my brother got registered the sale deed in his name only, for the entire property. Since he assured to register a sale deed on my name for my share, I was kept quite for all these 5 years. Now he refused to do registration on my name.
So what I have to do against him for the recovery of my share of land.
ajay sethi (Expert) 09 April 2012
what are the contents of agreement . it must have mentioned you name as coowner along with your brother since you have made payment by bankers cheque
BAALASUBRAMANNYAMM (Querist) 09 April 2012
Ajay Sir,
Only mutual understanding,I paid the amount. There was no written commitment.


ajay sethi (Expert) 09 April 2012
what does ur sale agreement mention .
Sankaranarayanan (Expert) 09 April 2012
Mr ajay sir hope he missed the bus. With trust only he belived his brother and ask him to register the property on his name. These 5 years he trusted and slept. But now he learned a new lesson from. His brother.
ajay sethi (Expert) 09 April 2012
contact a local lawyer . show him the agreement signed for purchase of land .
Raj Kumar Makkad (Expert) 10 April 2012
The only remedy before you is to take benefit of the sale-agreement which was executed by vendors with you purchasers. if that agreement mentions your name then you can take its benefit but beware you have lost 5 precious years and limitation of 3 years has already been expired.

It shall be better to settle the matter out of the court in family meeting as your case shall be very weak in the eyes of law due to lapse of time on your part.


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