Yes you can sue him. You also have the option of filing a police complaint against him for trespass and encroachment. 

You have to choose between either of the two options

You can file suit against your brother for removal of encroachment on your property 

2)  possession has to be open, hostile, exclusive, actual, and continual for the statutory period.to claim adverse possession 

Hello, 

Yes the concept of adverse possession will chip in, but you may file a civil suit for eviction. 

kindly contact a local lawyer who will tackle the situation accordingly in your plaint. 

Regards 

Dear Sir,

Please file a suit for declaration and partition with directions to demarcation and also challenge the endorsement and mutation entry before tahsildar and commissioner through an appeal of endorsement

Adverse possession is not applicable here you can file a civil suit to get position of your property which is the legally occupied by your brother

Hello Sir,

Please be advised as follows:

1. Firstly, the WILL comes into operation only after passing away of your mother. Therefore, you would get the Title or ownership of the property only after death of your mother. 

2. Secondly, you can Easily claim your encroached property NO MATTER for how long your brother was encroaching it.

In the recent judgment of Supreme Court of Ram Nagina Rai vs. Deo Kumar Raiit was held that one who holds possession on behalf of another, does not by mere denial of the other’s title, make his possession adverse so as to give himself the benefit of the statute of limitation.

In your case since the 25 years period would not be counted from backforth, but you can contest in the court that since now you are the owner you want to challenge his possession since you are the rightful owner at present. 
 

Revert in case of any query for consultation.

Thank you 

In order to recover your land after removal of encroachment you will have to file a law suit for possession in the civil court. Your remedy lies only before a court of law. In addition to a case for possession.

File a criminal complaint for trespass against your brother. 

Yes you can file a civil case and contest the same

1. Yes, if you now have become the owner of this property by way of  Will, then you can file a civil suit for recovery of of possession.

2. Mere forceful occupation is not enough to establish the law of adverse possession.

3. The rule of ' animus possedendi' is sine qua non to succeed the plea of adverse possession 

See you can claim that brother was using that part under permissive possession of mother there was no adverse possession of brother on property and can file suit for possession  of that property encroached by the property. 

Hi,

In the present case, the adverse possession is not applicable and you may claim the encroached property through civil suit or intervention of SDM of your area.  

Dear client 

in this case adverse possession can be against you as the limitation to claim adverse possession 12 years

So if you will go to court to claim your property then you could lose your legal right in the property.

So my suggestion is that try to solve this matter out of court. 

1. You are free to file a suit for mandatory injunction against your brother to seek directions to him to remove the encroachment.

2. Adverse Possession is not applicable in the scenario.

You may acquire the property as per the schedule written in the Will, if there is a discrepancy you may ask your brother to either return the encroached portion of property or to compensate the same in terms of kind or consideration.

If he is not agreeing to any proposal then you may file a suit for possession of property encroached by him, you dont worry about what stand he may take including adverse possession, you may concentrate on your case alone.

1. As per the information mentioned in the present query, makes it clear that this is not the case of adverse possession, but the right of easement.
2. Now the property belongs to you and you have your easement right over the same.
3. Your brother can’t claim his adverse possession right over the same.
4. It was your mother who allowed the same portion to be enjoyed by him without giving any legal right over the same.
5. You should file a suit before the civil court of law to take back the portion which is yours now.