- As per law, if the property is a self acquired i.e earned from his own fund , then no body has right over the same during the life time of father, and he is free to transfer the same to anyone as per wish .
- Hence, legally you can transfer the said self acquired property to your younger son.
- If , the said left WILL was for this property , then that WILL have no legal value in the eye of law, even your elder son had manipulated the same during his life time.
- Since you already got eviction order in your favour , and if there is no stay order on the said property from the High court , then you are free to transfer your property to your younger son by way of WILL or gift deed.
- Hence transfer the said property to him by way of registered Gift deed, and dont worry for the consequence of Writ petition , because the Writ petition is also not maintainable as will.
- The said order passed by the High court , LET HER STAY UNTILL NEXT HEARING AND NO THIRD PARTY SHOULD BE INVOLVED IN THIS". It means that till the next date of hearing ,she is having her right to stay ,and you cannot transfer the said property to anyone including your younger son , till the next date of hearing.
- You should submit a details reply after narrating all the details and threatening you are facing from her in the High court with the support of a good lawyer.
- She cannot get any share in the property legally,
- You should also lodge your complaint before the higher official of police under the provision of Senior citizen Act , and a complaint against her for breach of trust and cheating you , on the ground of false & frivolous WILL . Further , as i mentioned above , transfer the property in the name of your younger son by way of registered Gift deed , as your ownership is not under challenge , only possession is disputed .