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minal   25 November 2023

can brother be removed from house after will is probate

my father expired leaving behind a will on paper with 2 witness sign on it, on tat base v 2 daughters moved the will to high court for probate. my father has debared his 2 sons from his owned acquired flat. but now my brother forcibly acquired the flat saying I also have right in property.

now my question is can he be removed from flat once will is probate from court??? and can v daughters take possession of flat on tat probate will??
or how to remove brother from possession ,once will is probate from court??

plz guide. Thanks in advance
minal


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 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 November 2023

Where the property is situated?  Probate a Will is compulsory in the territories of Bombay, Calcutta and Madras only. Your father executed the Will in favour of you and your sister for his own property, no one has the right over the property.  You can give them a legal notice to vacate the property.  

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 November 2023

After the Will is enforced through court and revenue department, the beneficiaries become absolute owners, hence they can very well file an eviction suit to evict them from the property

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Dr. J C Vashista (Advocate and Legal Consultant)     26 November 2023

Where is the question left behind regarding unauthorised occupation of flat by your brother(s) wherein you are declared (by probate court) to be owners of the property devolved through the probated will bequeathed by your father (deceased). 

Ask your brothers to vacate the flat instantly otherwise they are illigal occupants for which you are entitled for compensation of damages and mesne profits.

1 Like

minal   26 November 2023

thank u all advocates for ur valuable reply. but 1 question filling eviction suit will take another many years, tariq pe tariq.....is ther any other way like when will is probate a decree can prevail??? means brother can be thrown out of house with the help of decree ??

kavksatyanarayana (subregistrar/supdt.(retired))     26 November 2023

You ask your brother to vacate the property.  Otherwise, file suit, no other option.

T. Kalaiselvan, Advocate (Advocate)     27 November 2023

If you can forcibly remove him from that house based on your mite or inlfluence with police stating that he is an illegal trespasser, then you can try that, if that is not possible then you do not have any other option other than approaching legal forum for initiating proper legal action to eject him from the property by applying due process of law.

Dr. J C Vashista (Advocate and Legal Consultant)     27 November 2023

Yes, he can be evicted if you have muscle, political or police power you must throw his (your brother's) belongings on road and occupy it without any intervention of law.


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