What legal action can be taken against illegal possession of property?

My elder brother has taken the land and has made documents for it. We do not know whether my father gave the land to him or whether he took it forcibly. My father has now expired. What can be done in this situation?

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Advocate By LEAD INDIA Answered: 15 Apr 2026

Since your father has passed away, the property becomes ancestral or legal heir property depending on ownership. Your brother cannot legally claim full ownership unless there is a valid registered Will or legal transfer document. You should first apply for legal heir certificate and collect property documents. If land was taken forcibly or without consent, you can file a civil partition suit for your share and also challenge any illegal documents in court. If fraud is suspected, a criminal complaint can also be filed. Court can divide property equally among all legal heirs. For further legal assistance contact us on our helpline number.  

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