Elder brother transferred the property to his name without NOC from us

L.D.A flat is allotted to my father in 1965,after the death of my father that flat is allotted to my mother,after the death of my mom,My elder brother with out taking N.o.c from me and my sister approached the LDA(Lucknow development authority) and allotted the house in his name. It is to be noted that my elder brother already has a house. So, when I approached the LDA they told me that house cannot be allotted to neither of us since my brother already has a house (according to eviction act 1972 updhara 12). My brother's family include a wife and 4 children and my family includes wife and 3 children. So, my dilemma is whether I would be included in his family or not?