Parental property

Querist : Anonymous (Querist) 26 September 2011 This query is : Resolved
I (age is 31 years) have one elder brother (age 55 years) & eight sisters between two brothers, we all have got marriged, my father's age is 75 years, 25 years ago My father has purched agriculture land from sold our parental house & registered it to my elder brother's name at that time my age is below 6 years & my elder brother's age is 30 years now please advice me can I get my part in that land, my parent & all my sisters with me.

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ESTHERPRIYA (Expert) 26 September 2011
You can ask your share in the property but legally it is a registered document and your brother is a sole owner as per the sale deed. Moreover your father is entitled to deal with the property as he like, you people cannot question that because the same is self acquired property of his own.

prabhakar singh (Expert) 26 September 2011
Your father needs to file a civil suit for declaration and injunction that the LAND IN QUESTION was bought by him by disposing of ancestral house as a BENAMI TRANSACTION IN NAME OF YOUR BROTHER.

BUT IF YOUR BROTHER CONTESTS AND ALLEGES HIS PERSONAL PURCHASE AND PROVES HIS INDEPENDENT SOURCE MAKING HIM CAPABLE OF PURCHASE,THEN AS THE DEED IS IN HIS FAVOR,THE COURT MAY LEAN TOWARDS HIM TO BELIEVE HIS VERSION.