minal 25 November 2023
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.
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
Dr. J C Vashista (Advocate ) 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.
minal 26 November 2023
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 ) 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.