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Bedakhali attempy by Public Notice


08-Mar-2023 (In Property Law)

Can my nephew (sister's son) bedakhal ME by public notice from an ancestral property that I inherited in its entirety in 2000 under terms of my father's probated will' although HE has never lived in, used, occupied, possessed, owned any part of the property through any instrument or process save by relying on another unmarried sister's will. This sister was living in this property in 3 rooms bequeathed to my sister in my father's will without mutation. Sister's will has not been probated inspite of repeated requests or any copy served on me or shown to me? I have full possession since 2000.

Answers (1)

Answer #1
189 votes


If your father's property is self acquired then it is to be divided as per the Will.


But if the property is ancestral then your nephew can claim his share in the property by filing a suit for partition of the ancestral property.

Now regarding your query, 

There is no law by which your nephew can remove you from the property which is your possession legally through the probated Will of your father.   
 


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