My aunt, a widowed senior citizen without children, owns a plot of land (63A) separate from our family property (63). Unfortunately, one of my cousins has built an extension onto her property, illegally joining it to his own. He’s even put his kitchen and bathroom on the encroached area. How can we resolve this? If my aunt writes a will leaving her property to me, could my other cousins challenge it after she passes? Or would a gift deed be a better option?

Apni Law
Apni Law
Law Forum › Category: Property › My aunt, a widowed senior citizen without children, owns a plot of land (63A) separate from our family property (63). Unfortunately, one of my cousins has built an extension onto her property, illegally joining it to his own. He’s even put his kitchen and bathroom on the encroached area. How can we resolve this? If my aunt writes a will leaving her property to me, could my other cousins challenge it after she passes? Or would a gift deed be a better option?
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Apni Law Staff asked 1 year ago

My aunt, a widowed senior citizen without children, owns a plot of land (63A) separate from our family property (63). Unfortunately, one of my cousins has built an extension onto her property, illegally joining it to his own. He’s even put his kitchen and bathroom on the encroached area. How can we resolve this? If my aunt writes a will leaving her property to me, could my other cousins challenge it after she passes? Or would a gift deed be a better option?

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Apni Law Staff answered 1 year ago

Your aunt can file a civil suit seeking removal of the encroachment and damages. Regarding inheritance, a will can be challenged in court on various grounds, including undue influence. A gift deed may be a safer option, but it is crucial to ensure the gift is properly registered to avoid future disputes. Consult a lawyer for specific legal advice.

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