Hello sir , for the execution of the WILL , they have to get it probated from court ..Without probation they cannot get the property transferred on thier name ... You should file a caveat petiton in Chandigarh court , so that no adverse order is passed against you ... It is also advisable to file a civil suit for permanent injuction to restrain them for using that WILL .. You can Contact me for further doubts .. Thank you

See if the property is already transferred by court than your grandmother has no claim over it she cannot transfer it again by will. The property is rightfully your and the will is bogus they cannot claim ownership on already transferred property.

No it is not possible grand mother is no legal owner of property she cannot transfer it by will.

File a suit for permanent injunction also you must be party in already on going suit for probation of will filed by your uncles son raise the defence in same and file an application to reject same.

you donot need noc from anyone if it was transferred after partition and your grandmother has no right over said house from ancestral share.

The property partition already took place now they cannot claim further grandmother can relinquish her share but she cannot relinquish entire house on whims and fancies which is already transferred through court.

Raise your defence and objection in will.

Will cannot over ride court orders

You have to challenge the will of grandmother

If grandson applies for mutation of property based on will object to mutation

Draw attention to court orders passed in respect of said property

Hi

1) First and foremost since your father got the property through court from his mother(your grand mother) has no right whatsoever on the property and the WILL appears to be a fraudulent one.

2) It also appears that the WILL is fabricated to harass your mother as your father passed away in the year 1996.

3) Court orders cannot be overturned without parties entering appearance in an appeal and more so in your case it appears that the order of the court was passed prior to year 2000, the order has achieved finality(i.e no appeal preferred in higher courts).

4) Also Res judicata Order 7 Rule 11 of CPC will apply in your case as the dispute between your father and his mother was settled and as such the court order will be binding on all of your grand mother's legal heirs including the Beneficiary of the WILL.

5) You should challenge the WILL in court by filing a suit for Declaratory title and perpetual injunction against the grand son .

6) Given that you already have a court order, the court procedure will result in a favourable order issued in your favour.

Hope this information is useful.

Yes, you are very rightly said as that when it was ordered by the court in 2000 then how it can be done so again 2010.

You please don’t give possession to anyone, and if somebody forcefully tries to do so then call police file case against those.

Let them go to court, you do accordingly with time.

Rest you can have a detail conversation over phone with me through Kanoon.

My grand mother died in 2010 and left a registered WILL, saying that the house number which is allocated to us, is rightfully be given to her elder son's son (Grandson's) and ownership be transferred over.

This WILL was presented in 2016, 6 years after her death.

Since this property was on your deceased father's name, subsequent to his death even if there was no will, the property automatically devolved on his own legal heirs consisting his wife, children and his mother.

Therefore your grandmother, if it is considered that your father died intestate, has only 1/5th share in the house property and not entire property, hence her will will can be operative only to that extent.

However as per law she cannot bequeath her share acquired out of her deceased son's property by a will, she could have transferred her share to someone during her lifetime and not after that.

Therefore the Will is not valid in the eyes of law.

You may challenge their claim on the same grounds as stated above.

This is my response to you:

1. Your grandmother can transfer only her share of the property;

2. Your grandmother cannot allocate the house number without taking NOC from others since it is ancestral property;

3. Therefore the Will of your grandmother is only with respect to her share of the ancestral property;

4. You can challenge the Will in the high court itself;

5. You can also get a stay order against the probate of your grandmother's Will.