You can show the court that he is not the owner and and is through the funds of your father

Father had bought land in the name of elder brother for the benefit of joint family

2) in any case, brother was a minor at that time and no source of funds to purchase the set property

3) Brother cannot claim absolute  ownership of the said land

4) You have to file a declaratory suit that you have equal share in the said land as brother had no source of funds to purchase the said land 

1. Property purchased in the name of brother is joint property as you have proof of deposit of sale consideration by father  in the  account of brother.
2. All shares will have equal share in the
3. You can file suit of partition of property in equal shares directly without any notice claiming that brother has refused to share the  
4. In the suit seek stay on transfer of property by brother to third parties.

Since the land was purchased in your elder brother’s name but paid for by your father, it may be considered a benami transaction under the Benami Transactions (Prohibition) Act, 1988 (applicable retrospectively). Here’s what you can do:

1. File a Suit for Declaration & Partition

• File a civil suit claiming your share based on your father’s financial contribution and your long-term possession.

• Request the court to declare the land as joint family property and seek partition.

2. Prove Financial Contribution

• Gather bank records, cheque details, and any proof showing that the land was purchased using your father’s money.

• Any family records or written communication acknowledging your share will strengthen the case.

3. Challenge Under Benami Law

• If you can prove your father paid for the land and it was held in trust for the family, you can challenge your brother’s sole ownership under the Benami law.

4. Injunction Against Further Occupation

• File an injunction suit to stop your brother from occupying the remaining land until the dispute is resolved.

5. Alternative: Mediation

• If possible, try to settle the matter through a family settlement agreement to avoid prolonged litigation.

Immediate Step: Gather evidence and file for partition & injunction. Let me know if you need help drafting the suit.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

As the property was purchased by your father on your brother's name, it becomes your brother's property hence any claim towards any share in the property made by you may not be tenable in law.

However if the property was purchased using ancestral funds (money inherited from previous generations), you may have a claim to a share, even if the property is in your brother's name.

If the property was purchased using your father's self-earned money, it is considered his self-acquired property, and he can legally transfer it to anyone, including your brother, without your consent.

You have not stated whether your father is living or not, if your father is living then you cannot claim any share in the property as right for any reason. 

If your father had a will and it specifies the distribution of his property, the will will determine who inherits what. 

If you can prove that your father used ancestral funds to purchase the property, you may have a stronger case for a share, even if the property is in your brother's name. 

You may need to provide evidence such as bank statements, transaction records, or other documentation that demonstrates your father's financial contribution.

You cannot legally get a share of the property if it is registered in your brothers name. The law will consider that the property is owned by your brother.

Your brother is absolute owner of property even if consideration is paid by your father. The act of your father in making payment of consideration is barred and prohibited by Benami Transaction Act. Even you have never raised any objection after attaining majority. You donot have any right to claim any share nor you have any right in the property. 

Act of your father in making payment of consideration is barred by benami transaction Act. On attaining majority you too have not raised your issue so any case would be barred. Otherwise also, you donot have any right in property. However, this issue us required to be tackled tactfully. 

File declaratory suit that land was bought in brother name for benefit of joint family and that you have equal share in the land 

Any property purchased out of joint family business is joint family. Such purchase can be in the  name any coparcener brother, father  or son.

A son has no rights over his father's money or earnings during the lifetime of his father hence whether you were a minor or major you cannot say that you were not given a share of money by your father then.

You have no rights over it and there is no force of law on your Father to give you any money therefore you may decide what to do next.

You can apply seeking your share in property 

- If the said property is registered in the name of your brother then you have no right over the said property 

- However, you can claim equal right over the property on the ground of purchasing the said property on family fund. 

- You can file a Partition & Declaration suit before the Court for partition of the property on the ground that the property was purchased by father in the name of brother , and hence after demise of father you have equal right over the property. 

You can file a suit for declaration on the basis of the documentary evidences in your possession and merits and also get an order of injunction to restrain him from alienating or interfering in your possession and enjoyment of the property.

File suit to claim equal share in land 

seek injunction restraining sale  of land by brother 

Issue a lawyer's notice in local newspapers warning general pubic against entering into  any transaction with brother as the  property is joint. No will take risk of going ahead with such transaction.

Your Right of Access & Legal Remedies

1. Right of Easement (Access & Parking)

   • Since you have used the pathway and parking for 40 years, you have an easementary right under the Indian Easements Act, 1882.

   • Your brother cannot legally block your access to your home.

2. Strength of Your Possession

   • You have possession of the first floor & terrace for decades.

   • Paying municipal taxes further proves your legal interest in the property.

3. If Brother Tries to Sell the Land

   • Any sale will be difficult because you are an existing occupant.

   • A buyer must legally evict you, which will require a court order.

   • Your possession will discourage potential buyers from purchasing the disputed property.

Legal Actions You Can Take

1. Injunction Suit

   • File an injunction to stop your brother from selling or blocking access.

2. Partition Suit

   • If no settlement is possible, file for partition to claim your share.

3. Stay Order Against Sale

   • Get a court order preventing the sale of the property until the dispute is resolved.

Would you like help drafting the legal notice?

1) possession of one is regarded as possession of all 

2) mere possession would not help 

No, mere possession for 12 years neither take away right and entitlement of your brother nor mere possession or payment of tax confer any right. Your brother has no right to sell all properties without your consent and noc. 

Law of adverse possession in not applicable to joint properties as all sharers are joint owners. 

The law of adverse possession may not operate in your situation.

You may discuss with a local lawyer and proceed as suggested.

It’s not 12 years it’s after 12 years of hostile possession 

Adverse possession (12+ years of continuous, open, and hostile possession) can be claimed, but in your case, it may not be the best option because:

1️⃣ Family-Owned Property – Since you occupied the first floor with your brother’s knowledge, it’s not hostile possession, which is a key requirement for adverse possession.

2️⃣ Better Legal Options Exist – Instead of adverse possession, a partition suit based on your father’s financial contribution is a stronger claim.

3️⃣ Right of Easement – Since you've used the access and parking for 40 years, you can legally stop your brother from blocking your path under the Indian Easements Act, 1882.

Best Course of Action:

✅ File a Partition Suit – Claim your rightful share based on your father’s payment.
✅ Get an Injunction – Stop your brother from blocking access or selling the land.
✅ Use Adverse Possession (Only If Needed) – As a backup if all else fails.

Would you like help drafting a legal notice or partition suit?

- The 12 years rule , i.e. adverse possession will not applied.