1) you can make complaint that your brother is using your part of land. First tell me is this WILL is registered in the registrar office.

2) Execution of A ‘Will’: On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate .A probate is a copy of a Will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a Will. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted and It is only after that Will comes into effect.

It is not clear whether your father has died or not.

During his life time you can not do anything.

On his death you will have to first apply for Probate.

Once probate is granted you can file suit for declaration and separate possession of the area earmarked in the Will.

So first apply for Probate of the Will then file civil suit.

Both these proceedings will take some time. Hence in the civil suit seek interim injunction so during pendency of the civil suit your possession may not be disturbed with.

You must apply for probate to the Will in respect to section 57 and 213 hindu succession act.The application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) by executor of will.

Secondly regarding stairs you can't close them though you can make alternate arrangement which do not disturb his right I.e another stairs you can get constructed for him from outside.

Yes partition is as per the will but your brother is encroaching in your area makes him do illegal.

You need to take actions asap by filing a civil suit

For that take some pictures of your brother's activity in your area

Keep original or certified copy of will

And house tax bill in whose name it is mutated now

Through civil suit filing at the moment they will receive a summon their activity might automatically stop

If not court will direct them to stop any of such activities

Else you need to sell and separate this is the best remedy else something or the other will keep on coming your way

You may either purchase his portion or sell yours

Once your portion is transferred in your name the probate is conclusive proof of that you can file a suit against your brother to stop encroachment in your portion for that collect evidence of he disturbing your possession of property by interfering in it.

Apply for probate of father will

2) your sisters can file consent affidavit

3) notice would be issued to legal heirs

4) if there is no objections you would get probate in 6 months

5) then apply for mutation of property in your name and that of brother

5) issue legal notice to brother to vacate portion of your share in his possession

6) file suit for eviction if he fails to do so

Issue legal notice to brother to vacate your portion of house bequeathed to you

2) if he refuses file eviction suit

Okay, then you placed on better footing. File a civil suit as advised above. You will what are you seeking but you will have to keep patience.

The property is to be shared strictly in between you and your brother in accordance with the will left behind by your father.

Having said that, whosoever is residing/has got the ownership of the first floor, has to be given free and clear right to ingress to his floor. You cannot deny stair access to your brother to his floor.

Try resolving this dispute amicably with the help of dialogue.

3) Than you can proceed with above point 2, Execution of a WILL. Court may grant probate and WILL comes into effect.

Dear Client,

On the basis of WILL, proves ur portion.

Interruption by ur brother amount to encroachment and trespass. Break the lock and Complain to police, if police not supports, file complain through court.

WILL get relief in 2 days. no issue.

Also, file suit to construct stairs outside house so, ur peace full possession do not interrupt.

If the partition is done as per will then you cannot do anything about it other than divide the property by mutual consent or else this will be an never ending harassment.

If he is creating nuisance you may file a mandatory injunction suit against him and also for removal of stair case which is disturbing the enjoyment of your own property.

A suit for mandatory injunction may fetch you the desired relief.

If your brother is creating a problem, then yo can file a partition suit also for proper partition as per will and a mandatory injunction suit against him seeking to restrain him from interfering in your possession and enjoyment of your own property.

Please file a suit for declaration and mandatory injunction to declare you as owner of property as per will of your portion and to stop your brother from interfering into peaceful procession of your enjoyment.of property. Secondly also you can also file a case to divide property according to will.

You need to probate the will. He can't acquire your share. You can approach the appropriate court and take directions for the same. The Division should be strictly as per the will.