The elder brother can claim his share from property , though the younger brother can take ground of Adverse possession of the property though he cannot claim ownership , the elder brother is joint owner and he can establish the permissive possession and can claim partition of the property.

No, the property will get distributed as per sharing ratio as per father and elder brother.

60-40 ratio, so as per WILL you can get 60% share in the property.

Payment of property tax does  not confer title to property 

2) mere Payment of maintenance bills , possession would not make younger son owner of property 

It is not clear the mode of the division of the property between the father and one son.

If it was done by way of a registered deed then it alone would be effective and since it is the last document the Will made by father shall have no force under the eye of law.

Otherwise get Probate of the Will and claim your title as per direction made in the Will.

mere possession and payment of property tax does not ensure your title in the property.

That's quite contentious

The younger brother has no title document in which his name reflects as owner or coowner of the factory

Despite that he has been living and carrying on business from the factory for last 20 years and also bearing the outgoings

This would fit under the doctrine of adverse possession where a person who is not the owner of the property has been in possession of property for more than 12 years (which is the period prescribed in limitation act for claim of adverse possession to surface) without any interruption, obstacle from the true owner

So younger brother can claim title on basis of adverse possession when a suit is filed against him to remove or evict him from the premises

He can also file a declaratory suit to declare him as owner on basis of adverse possession 

Do you have a copy of the Will? (since original is in custody of your brother) 

Was this a self acquired property of your father or did he inherit it? 

1. Is the father alive? 

2. Mere possession and payment of property tax have no nexus with title to a property. Title originates and flows from the sale deed.

3. If father has made will and is not alive then his share has devolved through testate succession in terms of the will. A certified copy of the will should be obtained from the office of sub-registrar.

If the said will doesn't give any share to the younger brother then he can't have ownership of said premises

The property belongs to the person in whose name it is registered irrespective of the fact whether anyone pays the bill or lives in it or carries on business.

The property belongs to you and therefore you should file for probate. If you dont have the will then file an application for obtaining a duplicate copy of the will.

Regards 

Yes as per the concept of adverse possession, he will have indisputable rights over the said property.

regards

Payment of property tax does not grant owner of property.

Nops but he may claim ownership on the basis of adverse possession.

Merely by paying the property tax you cannot be the owner of the property until and unless your father gift his share a property to you eventually you are just enjoying the property because it is a family property and your father allow you to stay in that property.

If you have paid any amount for acquiring this property and you have any record to prove that you are also the owner of this property then you can file a title suit to get your share of  property

Dear Sir,

The younger brother may claim it either as in settled possession or adverse possession.  In either case the possession of younger brother will continue till dispossessive through a court order.

1.  IRRESPECTIVE of the payments of "property tax and maintenance bills", the younger son CANNOT claim ownership of the property in any manner whatever, to the exception of "adverse possession", that too only by documentary evidences and witnesses.

2. The above adverse possession can be determined only in a Civil Court, via a civil suit.

1. Is the father still alive or has demised?

2. If the father has demised, then by virtue of his will, his younger son beomes the owner of his  late father's 60% of the parperty provided he obtains the grant of probate of the will from the Court.

3. He can not claim the entire prioperty since the remaining 40% of the property is owned by his elder brother as per law.

Just because he pays the taxes, he cannot claim the title for the entire proeprty.

Since his father is holding 60% of the property he shall become the absolute owner to share of his property in the complex.

1. As per the information mentioned in the present query, makes it clear that you have been using the father’s share very effectively and paying all taxes and maintenance charges for last 20 years.
2. Let me tell you that the law of adverse possession may not be eligible for you as the property is undisputedly belongs to your father.
3. But, yes as you have been managing the business very effectively and paying every expenses, you can get the amount so spent till now, but may not show your ownership over the property.