Delayed presentation of will deed
My father aged 78yrs is the only heir of his father. My father has a number of siblings born out of his step mother. No property partition happened yet. My grand father had left a rsgistered will deed registered at sub registry office with three witnesse in [deleted]. All of the properties of my grand father was self acquired properties.My father is not enjoying any property from his father and all properrties of my father are hiy self acqhired properties.Grand father expired in 1998 . Will became known to him in 2015 as one of the witnesses was keeping it with him.In between one of my paternal uncles constructsd a house as a beneficiary of Biju pucca ghar yojana without taking the consent of the coparceners in that one acre cultivation land shich was gifted to my father in will deed.Later when we opposed him , he quarelled wifh us wifh his muscle power.My advocate advises md to initially apply fof ROR change in favour of of my father. That liticant uncle constructed the house in 2016 and recently only possessing the house.He also does not pull well with other2 brothers.What should bs our best line of legal approach.If at all they want to sell or get partition of other properties ,they will certainly need our consent.Please suggest the best line of legal steps we should take.
Asked 4 years ago in Property Law
Religion: Hindu
There are 4 acres of agricultural land and about 8.2 decimle of residential gharbari plots in my grandfathers name and two acres of cultivation land in my grandmother's name who has also sxpired in 2009.We are fjnancially well off and are not in any need to sell any property of ny grandfather .Rather , that liticant uncle is in urgent need to sell property out of his share as hd does not have any other income source besides govt social security programmes like subsidizedd ration ,etc.Can he sell his possessed house which lies on the will deed land to anybody without our consent? Can civil court order his svictiin. The inly surviving witndss of the will deed is in our favour and he is a common relative to both we and our uncle.
Asked 4 years ago