1) issue legal notice to brother to hand you 50 per cent of sale proceeds

2) if brother refuses file suit to claim your share

3) enclose evidence that 50 per cent of purchase price was paid by you but bought in brother name for benfit of joint family

with love and affection only you can solve this dispute, through legally their is no solution, only wasting of money to hire attorney.

Dear Client,

Without delay file suit for cancellation of sale deed, all you need to prove contribution towards purchase. Court will order cancellation or distribution of sale proceed acc. to % of contribution.

i am sorry to say that the purchase of land by your elder brother in his name using part funds from you and your younger brother will be considered as a benami transaction which is prohibited

you cannot even file a suit to recover this property as that is also prohibited u/s 4 of Benami Transaction Prohibition Act

1. The title of the said land stood in the name of your elder brother for which he can sell the same without requiring to take any consent from others including his other brothers like you.

2. If you have irrefutable evidence that you and your other brother have paid for most of the consideration while buying the said land, then you should file a declaratory suit praying for a declaration that you and your brother are 50% & 20% owner of the said land for which your elder brother shall pay you two 50% & 20% of the said ale proceeds respectively.

Seek 50% of the sale proceed from him(since this is your proportion of contribution towards the purchase of this property) by means of a legal notice.

In case he fails to abide by the legal notice, proceed legally against him.

If you have enough evidence to prove that you had contributed for purchase of the property, you may first issue a legal notice to your elder brother demanding your share of the sale proceeds, and, if there be no response, proceed to file a suit at the proper court through a local lawyer.

Hello,

Challenge the sale deed by saying that there was your share also in the property.

Also, you can file a suit against your elder brother for recovery of the money.

You may first send him a legal notice and see of the matter can be resolved out of the court.

Regards

Dear Sir,

File a suit against the purchaser as the sale deed is null and viod as it is a undivided property. Please refer the following:

Right To Joint Possession And Right of Pre-emption

There are two views in this matter. The purchaser has no right to joint possession of the property compelling partition. He can sue all other coparceners for that purpose. [32]

If the vendee has obtained possession, the other coparceners can get him ejected by a suit. All that the purchaser is entitled to in such a suit is a declaration that he is entitled to the share of the coparcener against whom the decree has been passed.

The Bombay High Court has a different approach. It gives some discretion to the court in the matter of ejectment of a stranger purchaser. In Bhau Laxman v. Budha Manku [33] the court laid down three rules:

First, if a purchaser stranger of the undivided interest of a coparcener in a joint family property is out of possession, he should not be given joint possession with the other coparceners but should be left to his remedy of a suit for partition.

Secondly, on the other hand if the purchaser has obtained possession of the property, a coparcener who has been excluded may obtain joint possession with the purchaser.

Thirdly, the purchaser in possession need not be ejected in a suit for recovery of possession brought by an excluded coparcener. The matter should be decided on merits because he is not a trespasser. In a suitable case he may be declared to be entitled to hold (pending partition) as a tenant-in-common with other coparceners.

The issue came to be discussed by Supreme Court in M.V.S. Manikayala Rao v. M. Narasimhaswami [34] . The court held that it is well settled that a purchaser in such a case cannot claim to be put in joint possession with the other coparceners. He has only the right to ask for general partition of the joint property.

1. Based on the available documentary evidences of the payments made, you can file civil suit for recovery of your amounts.

2. A Criminal case is also possible, should the brothers decide so.

Keep Smiling .... Hemant Agarwal

Legally speaking your elder brother is the absolute owner of the property and he has clear and marketable title to the property hence his sale of the property is not illegal.

However if you have evidences for having fund for the purchase of the property then you may file a suit for partition and separate possession of the property, let the court decide on the basis of merits and documentary evidences in your support.