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Kumar (No)     29 June 2017

Tresspassing order

Recently we came to know that we have share in our ancestors property through will. But the surrounding people were using it as Road from past 25 years. They have even shown our sight as road and got approval from municipality authorities also. Could we get Trespassing order from Court basing on will in order to stop using our sight as road? Please give me proper suggestion in this regard. G.K.Kumar Andhra Pradesh


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 6 Replies

Arjun Kohli   29 June 2017

Well, you can always move a petition before the Court for the said purpose but in my opinion, the main issue will arise when the conflict between the validity of the will and the registration of the property as roads by the municipal authority comes up. 

If the will was registered at the time it was created, that is before the registration of the property as a road, I believe the Court will take suitable action against the authorities too, as any property which is a subject matter of any will is recorded with the relevant department of the State, probably the Land department, but make sure you consult a proper legal counsel to assist you through your issue.

Also, if the will wasn't registered before the registration of the property as a road by the authorities, it will be difficult for you to prove the authenticity of such will but with the proper preceding documents about that property, you could make out a competent case, however I will again reccomend you to consult some local legal counsel so that they can help you as per the precise details of your case.

Kumar Doab (FIN)     29 June 2017

The WILL that has surfaced after 25 years may invite suspicion.

The WILL has to be acted upon without any cloud on it.

It shall be appropriate to get proper legal opinion after showing all related docs from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters.

 

Kumar (No)     30 June 2017

So Kind of you and Thank you very much for your immediate reply.  The will was a registered will before 25 years itself and at the time of executing the will there is a old house in that place where now the people is using it as road and that old house was been given to his sons and daughters through will.

Arjun Kohli   30 June 2017

In that particular case, you could file a complaint with the Police as well, while continuing with your plan to go ahead before the Court to obtain an injunction of the usage of such property as road. In such case, you could probably add the Municipal Department as a party, unless you want to approach them first and show them the relevant documents and ask them on what grounds they allowed such registration of the property as a road. If they concede and cancel the registration in your favour, your case only becomes more legally sound, I believe, against the trespassers. If they don't, you could possibly add them as a party against whom you file your suit. A registered will makes your case stronger, in my opinion.

Kumar (No)     05 July 2017

Thank You very much Mr.Arjun for your valuable suggestion. I will send my feed back to you after taking steps as suggested by you.

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Kumar Doab (FIN)     05 July 2017

Was the WILL duly acted upon without any cloud on it?

If yes the ownership based on WILL (Testate Succession) might have been transferred to the beneficiaries (sons and daughters).

Usually the forms for testate succession are annexed with certified copy of WILL, death certificate, legal heir certificate, NOC from legal heirs and/or newspaper advt inviting objections and/or communications addressed to legal heirs to submit objections if any within fixed time.

Obtain certified copy of mutation record with all link docs from O/o Authority .

If the WILL was not acted upon then make in person inquiries and you will come to know about it.


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