Procedure for eviction
ashok
(Querist) 16 July 2013
This query is : Resolved
My father left a will stating that his own earned property should be transferred to his wife and after the property to be transferred to me (ground floor 7.5 square) and 4.5 square of first floor to my brother. The will was not registered , however, I got property transferred in my mother's name in 2009 and she died in 2013 , I got it transferred in my name (BBMP)ground floor only. Since both of us had (me and my brother ) no knowledge of the Will we continued to stay in the house,my brother at ground floor, me at first floor.,after the death of my mother as per the will he has to shift to first floor and I have to shift to Ground floor
My brother is not willing to shift and he is making false allegation that I only fabricated the will and forged it. Now BBMP has already registered ground floor in my name and collected the tax., How to make my brother shift to first floor? kindly advice me.
ajay sethi
(Expert) 16 July 2013
apply for probate of the will . on basis of said probate file suit for eviction against your brother in respect of ground floor premises
Rajendra K Goyal
(Expert) 16 July 2013
Try to settle the matter amicably. If it does not fetch results:
Get the will probated and get the property transferred accordingly. File suit for possession.
ashok
(Querist) 20 July 2013
I would like to know is there any simple procedure like police help in evicting other than probate of the will and filing suit for possession as I have already taken khata in my name and paid all the taxes
prabhakar singh
(Expert) 20 July 2013
You can not evict a sitting possessee ,may be illegally by help of police,suit of possession would be must after you get title
through probate or LoA,as the need be seeing the contents of WILL .Probate is not granted when no executor is appointed in the will.
ajay sethi
(Expert) 20 July 2013
follow due process of law . police wont oblige as it is a civil dispute
ashok
(Querist) 20 July 2013
how long will it take what will be cost?
Rajendra K Goyal
(Expert) 20 July 2013
No one can tell exactly how much time would be taken by the court to decide. For expanses, different lawyers charge different fees.
ashok
(Querist) 20 July 2013
is it illegal to disconnect water supply and electricity connections as I am the owner of the house?
