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Brother claiming on property purchased in my name


10-Apr-2023 (In Property Law)

I have a property in Bangalore, property is in my name. My brother has put a false case calming the property was purchased using joint family funds and is claiming share in it. The ONLY Intention of this case is to harass me and my brother openly admits on this point outside the court. I have 2 questions. 1)Can I put a reverse case against him, for putting false case? Or I just have to defend myself? 2)Can I find a lawyer who can fight the case and take fees after the case is dismissed?

Answers (3)

Answer #1
504 votes
Can I put a reverse case against him, for putting false case? Or I just have to defend myself?

Yes sure you can file a criminal case for defamation, but the same has to be filed after the dismissal of present case

Can I find a lawyer who can fight the case and take fees after the case is dismissed?

usually advocates do not do that as you may not approach him after the case is disposed off,
you may take the assistance of free legal aid services available in the court complex
Answer #2
602 votes
at this juncture you cannot file a reverse case against him and that you have to defend your case, if not you may be put in trouble, so far as the lawyer fee is concerned i do not find it proper to take fees after the disposal of the case and that there cannot such an understanding
Answer #3
927 votes
Since he has already filed a case claiming the property, you can file your Written Statement and in that mention that he has filed a false case. However, you have to ensure that the property is in your name and that it was transferred in accordance with the legal provisions. Such cases go on for months together, sometimes years and the lawyer has to keep attending court, filing documents, leading evidence, conduct cross-examination, advance arguments etc. so it will be difficult to find a lawyer who will collect fees only after the case is dismissed.

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