mk kumar (student) 05 April 2017

Old 10 acre land encroached illegally by others

Hello Experts! My relative had around 10 acre land including shops in Delhi. Later all of the land encroached illegally by others and same with shops. My relative have the proof of FIR against most of the encroachments and he also have the rent receipts. There are also some copies of court decisions. Do anyone have any suggestion regarding how should we proceed with this case? my relative passed away and he signed and left his will to his family. His family also have all of the old documents. Thanks in advance.

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Kumar Doab (FIN) 05 April 2017

After death of owner the legal heirs/successors/beneficiary can step in the shoes of owner.

The beneficiary may submit the WILL to the authority under whose jurisdiction property falls to act upon the WILL. The requisite forms/procedure can be obtained from O/o Authority e.g; MC and might be available on website. Check under Testate Succession. Complete the procedure and if WILL is acted upon without any cloud on it the ownership shall be transferred in the name of beneficary in the WILL.

It is not mandatory to probate the WILL at Delhi.

If contested it may land up in probate court of pecuniary jurisdiction.

Local counsel specializing in such/property/civil matters can help you.