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What legal option is available to recover property from my brother
15-Oct-2023 (In Property Law)
(A) First brother claims the ownership of the property on the basis of duly registered WILL made by the Testator in 2016. (B) Second brother is in possession of the same property by virtue of a Rent Agreement made by the Testator in 2013 and also claims the ownership of the same property on the basis of duly registered WILL made by the Testator in 2013. Q1. What are the legal options available to First brother in order to recover the possession of property from the second brother ?
the Will of your father has to be executed and a probate petition is to be filled in the court for its execution among the brother or relatives. the will can be challenged. the will of 2016 is the valid will in case its duly registered by your father and 2013 will as no authenticity
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dear Querist, the title and possession of the property can only be determined by a civil suit. Further, we would need to move an application for injunction to ensure that the party in possession of the property does not create any third party rights over the suit property. A decree can be awarded by the court even pending probate proceedings. Please feel free to get in touch if you require any further clarifications. Best Regards, Dhruv Banerji.
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You can file case on the bases of title under sra sec no 5 .. it depend on where are you residing right now and acco to that your case will b proceed.. for else info ... and for further assistance you can contact me or meet me at my chmbar
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Adv. Shruti Bhardwaj
Delhi | 100+ Answers
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