Property left by mother , illegally possessed after mother died

My elder brother took possession of our property illegally after my mother died in 2004 . We bought that when I was in Mumbai in 1981 . After I called my mother over UK in 1986-1987 ,she stayed with me . Elder brother took possession by fraud & does not allowed me in our property. Can I file a case against him ?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 17 Mar 2025

Yes, you can file a case against your elder brother for illegal possession of the property. Since your mother passed away in 2004, the legal rights to the property depend on how it was owned and inherited. Here’s what you can do: 1. Determine Ownership & Legal Heirship 2. File a Suit for Partition & Possession 3. File a Case for Illegal Possession & Fraud 4. File a Case for Eviction (if needed) 5. Seek Injunction to Protect the Property 6. Alternative: Family Settlement or Mediation Consult lawyer for the same would be advisable.

Admin
Advocate By LEAD INDIA Answered: 27 Mar 2023

Hello sir,

The firstforemost you need to send the legal notice to the person and if he denies to give you the share then you can file the suit for the partition of the property 

thank you

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