can brother be removed from house after will is probate

Where the property is situated?  Probate a Will is compulsory in the territories of Bombay, Calcutta and Madras only. Your father executed the Will in favour of you and your sister for his own property, no one has the right over the property.  You can give them a legal notice to vacate the property.  

After the Will is enforced through court and revenue department, the beneficiaries become absolute owners, hence they can very well file an eviction suit to evict them from the property

Where is the question left behind regarding unauthorised occupation of flat by your brother(s) wherein you are declared (by probate court) to be owners of the property devolved through the probated will bequeathed by your father (deceased). 

Ask your brothers to vacate the flat instantly otherwise they are illigal occupants for which you are entitled for compensation of damages and mesne profits.

You ask your brother to vacate the property.  Otherwise, file suit, no other option.

If you can forcibly remove him from that house based on your mite or inlfluence with police stating that he is an illegal trespasser, then you can try that, if that is not possible then you do not have any other option other than approaching legal forum for initiating proper legal action to eject him from the property by applying due process of law.

Yes, he can be evicted if you have muscle, political or police power you must throw his (your brother's) belongings on road and occupy it without any intervention of law.

Dear Minal,

Thank you for your query! I am Aadil and I will try to answer your question.

The laws and regulations regarding the creation and execution of a will are governed by the Indian Succession Act of 1925. This act states that any person may create a will as long they are aware of the consequences of their actions.

If as per the terms of the will you are bequeathed certain property, then you may enjoy the sole ownership of the property. But if the will does not bequeath you any property, you have no legal right to claim such property even if you are a legal heir to the testator, unless the property in question is ancestral. Therefore the brother cannot claim any share in the property if as per the will he is not bequeathed the property.

If as per the will you are bequeathed the property in question, then you become the absolute owner of that property. As absolute owners of the property, you may file an eviction suit in court to get your brother removed from the property if he refuses to leave on his own.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil