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Prashant Kumar Jha (Practicing Lawyer)     16 June 2018

Title in property

A land 20 decimals has been purchased by us jointly ,in good faith the said property has been purchased in the name of my elder bro A as at that time he was eligible for home loan from bank when I saw the deed I saw the name of my bhabhi also in the purchase deed but when I asked my bro he told we r joint there will not be any problem. In the mean time we also purchased a flat in delhi same thing happened there also that has also been purchased in the name of bhai & bhabi in which I have paid above Rs 10L directly to DLF builder from my bank account this flat is in possession of elder bro, When I asked for my share in flat he told me to take the 1stly purchased land I agreed and took the full possession and constructed a pucca house in the land and I am residing in house. After a year when I requested my brother for registration of the land in my name he refused and asked for payment as per present market rate. My Query: 1. What remedy can I get from court to get the land and house in which I am residing in my name. 2. In the case brother files evicition suit then what remedy will I get from the law. 3. what should i do for my share in delhi flat which is in posession of bro.


 2 Replies

R.Ramachandran (Advocate)     16 June 2018

As a practising lawyer, you ought to know, that your chances are very very thin.

First and foremost, how could have taken the full possession and constructed a pucca house in the land without getting the land registered in your name?  Are you not aware that immovable property cannot be transferred without appropriate registration?


HIRAL THAKKAR (ADVOCATE )     16 June 2018

At the most you can file a criminal complaint. Further you can file a suit declaring you also as co-owner on the basis of oral understanding and subsequent act of paying the amounts.



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