Forceful stay at father's property from 2 years.

Dear sir, If father left a registered will, it must be probated (legalized by a civil court) to take effect. File a Probate Petition in the district court or high court (depending on your state’s jurisdiction). Once the court grants probate, the executor of the will (if mentioned, or the eldest son or mutually appointed) can take legal action to implement the will. Since she broke the locks and is illegally occupying the house: File a civil suit for mandatory injunction and eviction against her. You may also seek a temporary injunction to prevent her from damaging or altering the property.

Legal Remedies:

1. Probate of the Will

2. Civil Suit for Possession and Injunction

3. Legal Notice to Vacate the Property

4. Police Complaint for Criminal Trespass

5. Partition Suit (if Will is Disputed)

6. Application for Mesne Profits (Compensation for Illegal Occupation)

7. Temporary Injunction to Stop Interference in Property Sale

8. Execution Petition (if Probate or Court Order Already Exists) 

kindly contact me through OLQ for details discussion.

File suit for partition, damages and permanent and mandatory injunction.

As per Indian Succession Laws, if your father left behind a registered Will, the property should be distributed according to the terms of that Will. If your sister is illegally occupying the property and obstructing its lawful sale, you may file a police complaint for trespass and criminal intimidation.

 Simultaneously, you can initiate a civil suit for injunction and possession before the appropriate civil court. Applying for probate of the Will, if not already done, will also help in establishing your legal rights. It is advisable to consult a property lawyer to initiate appropriate legal proceedings to protect your inheritance.

Dear client, from the above question it is evident that the problem revolves around your sister unwilling to vacate the premises. I advise you to file a civil suit in the district court praying for the execution of the will and also kindly file an Interlocutory Application (I.A) seeking your sister’s eviction from the premises. Kindly reach out to us for further discussions on the subject matter.