Kalvacherla Chandrashekhar (Software Specialist) 01 November 2013

Registered "will deed"

On 31st July 2011 my mother had her "WILL" written and Registered at Vallabha nagar , Hyderabad .

My Mother expired in october 2012 . The "WILL" came into exicution from October 2012 . As per "WILL DEED" I have 50 % share in my Parents house now my brother is staying in the our parents house and not ready to vacate my portion of the house .

Can I go for Writ Petition in High court and take an Eviction Order directly from HIGH Court of Andhra Pradesh.

Can I go for WRIT PETITION in High court to give orders to the POLICE To vacate my share of Property .

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2 Replies

BAALASUBRAMANNYAMM (Advocate) 01 November 2013

As per Will, you are entitled to get half share of the said property. You should go for Possession and declaration suit against your brother. In the said suit, you can also seek an injunction, by paying a separate court fee for the said relief. No Writ is maintainable.

T. Kalaiselvan, Advocate (Advocate) 01 November 2013

Though the Will comes into force upon the demise of the testator, it needs to be probated by court, then only you can initiate legal action against the person squatting illegally in the property. Thereafter an Eviction suit is the remedy. Writ petition for eviction is unnecessary.