Legal Question in Real Estate Law in India
New suit
I was a Benami holder of the property of my father( real holder since deceased) . I SUIED MY BROTHER 4 the possession claiming ownership on the basis of regd. conveyance deed in my name . Now ,after 15 years , my case is DISMISSED on the ground that I M NOT THE OWNER & that my father was the real owner of the property & THE PROPERTY BELONG TO THE FATHER.Can I file a new case againt my brother claiming my share as a legal heir of my father notwithstanding the fact that in the earlier suit I claimed possession AS AN OWNER & LOST THE SAME?
3 Answers from Attorneys
Re: New suit
The Court has declared that property is of the father. If father died intestate, then all his properties including this property would devolve according to law of succession by which he was governed.
In case one of the heirs/successors want his/her share separated, then only he need to file a suit for partition and separate possession.
Re: New suit
Yes you can. You should have felt exhausted of the litigation in 15 years. The fresh litigation may take another few years.
Better to prepare for an appeal against the judgement passed by trial and meanwhile make efforts for a compromise with your brother. Try to settle the matter out of court.
In the Appeal, you may make an alternative prayer for the proposed relief of a share on the basis of inheritance.
The trial court should have granted you a share instead of dismissing the suit entirely. This could be one of the issues in the suit.
On the basis of very few facts available in the your note, I prima facie come to the conclusion that the case does not seem to have been conducted properly. Be more careful before the Appeal Court.
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