1) when did your father die?

2) is will attested by 2 witnesses ?

3) has any probate been applied of will ?

4) the contents of will have to be perused

5) were you informed of will on father demise ?

6) if you were not aware of will and contents not disclosed to all sons on father demise it is suspicious circumstances surrounding will

7) In any case partition suit proceedings would be stayed and your mother will have to prove the will

8) your mother has only life interest In property

And she cannot bequeath entire property to only 2 sons

1. Has the will been probated?

2. If your mother has produced a will which states that the property will go to her and after her to sons then your mother cannot give the entire property at her sweet will to her two sons alone. The maximum she may do is make a will is respect of her own share in the property.

3. You and your brothers are entitled to succeed to the property of your father after your mother's lifetime.

4. If the will has not been probated then you may challenge it.

The new development of producing the Will ha to be pleaded in the court which decided the partition suit and passed preliminary decree. What made your mother not to contest the suit on the basis of the said Will in her possession?, In the final decree stage she cannot raise this issue in the same court, she has to prefer an appeal against the pre-decree before the appellate court for the relief if there is any. So you may object to her claim at this stage and insist on proceeding with the trial proceedings before the court at final decree stage.

1. The Owner of the property can only dispose the property in any manner he likes.

2. Since your deceased father was the absolute owner of the property, his wish is to be carried out after his death by following the contents of the WILL written by him, if the WILL is attested by two witnesses. Then the property would devolve to your mother & thereafter her demise, the property would devolve equally to all her sons.

3. Assuming that the property still stands in the name of your deceased father, your mother is not the owner of the property at the moment and she cannot execute a WILL bequeathing the property only to her 2 sons superceeding the WILL executed by your deceased father.

4. All the 7 of you can enter into a family settlement deed regarding this property and divide the property amongst yourselves in the ratio to be decided amicably by all of you and settle the matter once and for all.