Property Possession related Property Possession related

11 months ago

Dear Sir and Madam,

My father has self-acquired property, and he is deceased without a will and after that, the property got transferred to my mother’s name with both brothers’ NOC. After the property got transferred to my mother my mother executed a registered will and she mentioned the property can be transferred to only one son.
Now I have transferred this property in my name as per the will, but the half possession of my brother’s family is left in this possession she is a widow, in this case how I can take the whole property possession, or should I go for trespassing?
The trespassing is applicable in this case as my brother and his family leaving in this possession for 35 years now.
Please suggest.

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Dear Client,

After long 35 years of adverse possession of the property you are now estopped for claiming back your possession of the said property. Even you cannot bring a charge of trespass at this belated stage.
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