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Can brother forcibly take share in property Willed to me by father?


04-Mar-2023 (In Property Law)

My brother wants to take forcible possession over a part of my property that has been Willed to me by my father through a Registered Will. I am staying in the property currently but my brother says that he has a share in it as well wherein as per the Will the full share of the property has been given to me by our father.

 

What should I do to prevent my brother from taking any action / forceful possession of any share of my property?

 

Answers (1)

Answer #1
316 votes

Since your brother has also taken possession of one room, we would suggest that you file a suit for possession and damages against him asserting yourself to be rightful and lawful owner and in possession of the house.

Once the possession is with you, then we can file a probate petition and a suit for declaration seeking that it be declared that you are the lawful owner and have inherited the house in question.

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