Illegal possession of property Illegal possession of property

2 years ago

My grandfather bequeathed a house and adjoining land within same premises by reg. Will among his 2 sons and 2 daughters. All have expired. My grandparent's each of 2 sons is now survived by a son each and younger daughter is survived by 2 daughters. Their elder daughter, our elder aunt, unmarried, died 7 April, 2021, intestate. Post elder aunt's demise, her share in the house is currently occupied by her unmarried maternal uncle (all the surviving legal heirs live elsewhere except me and my family who live in the same premises in another building built on the land next to the one he lives in) a 90 years old, physically fit, financially solvent, who looked after her before her death. He's living without written contract, but on verbal consent from elder aunt and post her death from elder uncle's son and younger aunt's daughters. Can I write an intimation letter to him and call upon to vacate the house, since we fear, he living there alone may lead to untoward incident that could get us into problems.

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.After your unmarried elder aunt's death without making and publishing any Will, her share in that property has been devolved upon her deceased siblings' children each having equal share therein so until and unless through legal heir Declaration all those legal heirs and heiresses take the necessary initiative of name substitution in the Record of Rights as well as to take possession of that portion of the property, you cannot ask him to vacate that property, more particularly when your legal right therein has not been established .
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