you have to prove the registered will 

2) apply for probate 

3)probate is judicial proof that will is genuine 

4)apply for mutation of property in your name 

5) then file suit for eviction of trespasser 

The will can be challenged by anybody who either is a heir or has sone portion of the property in his possession. In this case a portion of the property is in his possession and hence the challenge. If he does not have any evidence to support his statements he cannot fight a case on the basis of bald allegations and unverified statements. The petition would be dismissed at the initial hearing itself.

Regards 

You can file a order 7 rule 10 and 11 application that no cause of action in the suit is disclosed therefore the court shall reject the suit as be has not attached in proof or document to show right over land.

Hi,

You need to do both the things i.e. disprove his claim and prove the will in your favour. 

Dear Sir,

It is unnecessary claim made by a stranger at the most he can seek protection of his land on basis of his perfection title by way of adverse possession etc.,  The suit filed by him is wrongly drafted as such you may file application under order 7 and Rule 11 of CPC to dismiss the same as it is not maintainable in the present form.

Dear Client,

If he was claiming the basis of inheritance than suit would have been dismissed for lack of locus standi and mere possession dose not give to right to claim over property except under adverse possession. That he is possession of property for 12 years and more. Hostile possession against actual owner. 

WILL is not questioned so probate not require .

the objector has to file a declaratory suit for his possession right which he claims

he cannot challenge the Will as he is not the legal heir of the testator 

obtaining a probate or proving a Will is not compulsory in your state

if you have the NOCs of all the legal heirs of the testator then you can submit those alongwith the Will and death certificate of testator to the relevant authorities for mutating your name in the land records 

You may seek directions from the relevant court for appointment of administrator and he will act and distribute the properties in terms of the will and probate. Nothing to worry . Please ask your advocate who is appearing on your behalf to appoint an administrator in terms of law.

After probate order grants you can file for eviction of trespasser. 

Yes it can be dismissed on maintainability basis at the inception as he doesn't have a cause of action and locus standi for the same

As you have registered will, no need to get panic. you can evict him.

If the person has filed this suit out of greediness or any fancy idea, i.e., without any documentary evidence to stake his claim in the property, you may file a petition under Order & rule 11 seeking to reject the plaint on the same grounds.

You will find plenty of citations to demonstrate rejection of plaint in the internet/ legal websites

1. Even if he is in possession, unless he can prove that his possession is permissive, he cannot challenge the will in the civil court. 

2. Case laws are neither tailor made nor can readily be given unless the pleadings are perused. Consult a lawyer with a copy of the plaint filed by him.

3. If the case goes to trial then you will have to prove the will. Even if the witnesses have died the will can still be proved by examining the heirs of or people who knew the witnesses.