Suit for declaration of title & recovery of possession

Dear Sir, My brother brought the property through socity in his name using my NRE money paid through cheque to society in year 2010 property was registered on my brother name, he promise me that he will transfer the property in my name i waited till 2013, he started playing fraud, later i filed the PCR at 4th ACMM in year 2014 that my brother used my money to buy the plot in his name without knowing me, in same time we filed the injuction suite we took a stay based on PCR at civil court that he shouldn't sale the property which is in his name. My question Now. Can i file the new case on my brother Suit for declaration of title & recovery of possession. As now our existing lawyer says that three year time limitation for filing Suit for declaration ,we can't claim back that property. Even if we file the new case we may loose the court fee and lawyer fees almost 5 lakhs. today market value of the property is 40 Lakhs, earlier it was brought for 7.5 lakhs in year 2010. I'm looking forward some legal advise on above aspects. Because i lost huge money nearly 15 lakhs on lawyer it's self, most of the our earlier lawyers always try to join the hands with oppsite lawyer & they don't attend my cases. Thanks & Regards, Shiva