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Author Topic: Claim to title and Recovery of Possession of property  (Read 427 times)

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Offline yaksh

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Claim to title and Recovery of Possession of property
« on: October 14, 2017, 11:59:48 AM »
(A) First brother is 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 second brother ?

Offline adv.amarnath

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Re: Claim to title and Recovery of Possession of property
« Reply #1 on: November 25, 2017, 10:27:23 AM »
Second brother who is having registered WILL in the year 2016 is in advantage until he files a probate case. First brother has advantage only if the probate case has not been filed by second brother who is possession. Therefore first brother can file a case of partition or probate case. Both case has lesser chance to succeed.
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Amarnath Sanyal
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