Brodie Castle was first sold in 1978

It was sold to the then Secretary of State for Scotland, then transferred into the ownership of the National Trust in 1980.

The Brodies described the original deal as null and void and said they wanted the enturies-old property back - in addition to the payment of damages.

They are also arguing that the price of �130,000 was less than its true value.

The claims are being contested by the National Trust, the Scottish secretary and the trustees of a family trust - who include their grandfather.

Ninian, 89, still lives at the castle in Morayshire, which is now open to the public.

Salmon fishing

The two brothers appeared on their own behalf at a preliminary hearing at the Court of Session on Wednesday.

Lord Dawson ordered a three-day procedural debate on legal issues in the case, although no date has been fixed for the hearing.

Brodie Castle, land and other assets including salmon fishing were originally placed in trust in 1968.

The move was made in the expectation of the marriage of the trio's father, Alastair, to their mother Mary-Louise.

The castle is now a public attraction...just a tourist thing

Alexander Brodie

The grandchildren claim that they and their father were unaware that trustees had entered into negotiations for the sale of Brodie Castle prior to it going ahead.

They said in their action that their father, who was later divorced from their mother, was opposed to the sale.

The National Trust said it received the castle by purchase from the Scottish secretary, who bought it for its value.

It also said the castle was in poor condition before it was sold and that the government spent large sums repairing and renovating the property.

'No breach'

The government maintains that it acted in good faith at all times in the transaction.

The family trustees also said there was no breach of trust and said they wanted to see the action dismissed.

After the court appearance Alexander, who is expected to inherit the chieftanship after his father, said: "As far as we are concerned the sale is null and void."

And the 31-year-old added: "The castle is now a public attraction...just a tourist thing."