If it is your self acquired property then, in that case your brother has no right in your property.
all you can do is wait for the will to get probate in high court and accordingly register the said property in your name and then take out the necessary procedure against your brother
Anyone including your brother's family who is living with you in your self-owned property are residing their being the licensee as you have given them an oral license to stay on the property. You have the right to cancel the license at any point of time by giving a notice of termination as per Easement Act and process eviction immediately. Thanks,
Legal remedy is Suit for ejectment seeking eviction...........Prior to that must have to served a Legal notice. Whether they filed declarfation suit or not ?
Sir, I do not know from which state you are replying . Certain laws are state specific. Anyway See the documents for the ownership of the property like will, settlement in your name. File a police complaint that you are the owner and also tell the station inspector is trying you to relieve you of your property illegally. See if the will has been probated or file a case for sucession certificate. Also file a declaration suit against your brother and also include eviction proceedings in the same suit if there is enough evidence in your name. Include all the banks as defendant so the court will issue appropriate orders
No, your brother do not have any legal rights over the property of which you are an absolute owner. You may evict them by giving legal notice stating that you are absolute owner of the flat. Also, ensure that thr share certificate holds your name only as an absolute owner.
Dear Debu Chatt, I have read your query. I would suggest you, contact a lawyer and meet him/her personally so you can be explained better what is the legal procedure for the same. You can go in both ways, Civil as well as Criminal case against your brother. If you are only concerned about the property then just go for a civil case and file a "Suit for Eviction". Also, your brother has no right over your self-earned property. I hope this gives you little clarity. Good Luck! Thank you, Pooja Kumari (Advocate)
Dear Mr. Chatt, Who has the claim? As you rightly pointed out that you are the owner of the property in question, and your brother doesn't have right upon it. Hence, he has no legal claim qua the property. How can you evict him? To get him evicted, you only have one option and i.e., file a civil suit for eviction as soon as possible because this will take time. One additional important point: - You also must file the aforesaid civil case ASAP because you will be able to procure a stay order for your property which will prevent your brother to create some third-party interest. This will protect your property, and keep you in a strong position. I hope you have attained some clarity through my answer. For more details, feel free to revert and book a consultation session. Thanks & Regards Adv Lalit Ajmani
Dear Sir, good morning to you. I am ready with my legal advice for you. Kindly remit my fee 50% before I submit my legal advice to you through KanoonGurus. Wtih warm wishes.
There is no such limit how far they can go for false claim. First step u can take to solve it in family because it will be good for both of you . For legal action just file a suit for eviction. And before it go to police and say they are threating you. It may cause some pressure.
First of all, a witness is required to be testified before the court for obtaining probate order. In this situation, he can obtain a probate order after the executor of the will died. And, then he can file the probate petition. I don’t think so that a witness who is also a legal heir can refuse to be a witness or even ask money to testify when probating the will, as it against the law and therefore can not happen. If such things happens, I suit can be filed against the same.
File for their eviction will all the evidence
Do you have title documents with you. As you said earlier probate is in process. So get the probate order, issue the occupants a legal notice for eviction and if they do not vacate the flat. You got two remedies which can be availed simultaneously. First : file a suit for declaration and injunction Second: file a criminal complaint against your brother for trespass
