Dear Client,
Probate is not mandatory in Hyderabad.
Presumption of genuineness of 30 years old Document.
Section 90 in The Indian Evidence Act, 1872
90. Presumption as to documents thirty years old.—Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Non mention of WILL in the sale deed give rise to suspicious circumstances as to genuine/forged execution of WILL.
After father death, property would devolve in his legal heirs by equal share. If WILL was exits at the time of sale in 2009, he must and compulsory had to mention in sale deed, how he received ownership in the property as other legal heir is also alive inherit equal share in the property by inheritance.
If mortgage deeds are registered than presumption as to genuineness will attract u/s 114 e and G for duly registered.
Instead u should submit certify copy of mortgage if available, Sec 57 of Evidence Act will attract.
Also, Secondary evidence is admissible where the original is in possession of the party against whom document is sought.