illegal possession of a validly transferred propety. Transferor alive


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?

Answers (3)


287 votes

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.


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158 votes

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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284 votes

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..

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