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illegal possession of a validly transferred propety. Transferor alive
01-Oct-2023 (In Property Law)
i have a property in delhi. my mother willed it to me. mother is alive. but my brother has been staying there illegally since 10 years now. now i dont wish to spoil relations with my brother. so how can i get the possession of that house without spoiling relations with my brother. do i need to give a general power of attorney in my mothers favour? or is the will still not valid since the mother is alive. should i file eviction suit ? if yes, then under what section or act? what all documents do i need? how many years can this take?
Dear Sir,
You should file a suit for declaration and possession and such action should be taken by you without wasting much time.
Before filing the case you can also send a legal notice for eviction..
Contact for further action
You should file a suit for declaration and possession and such action should be taken by you without wasting much time.
Before filing the case you can also send a legal notice for eviction..
Contact for further action
Helpful?
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The will becomes operational only upon the death of the person executing it and so will be ineffectual presently in your case. Any eviction suit will thus have to be instituted by your mother or any other person in whose favour she executes a power of attorney to institute such suit. As for the time period in litigation it is impossible to predict with certainty but it may be safe to say it will take at least a year if contested by your brother
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Adv. Rajat Joseph
Delhi | 200+ Answers
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Since the property belongs to your mother, till the time she is alive, you have no legal right over the property and, hence, no legal right to evict your brother. However, if your mother consents, she can authroize you to file for eviction on her behalf.
Helpful?
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Adv. Mishika Singh
Delhi | 100+ Answers
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