The testator of a Will can very well  subsequently transfer some of the properties by settlement even if there was a registered Will made by her, without cancelling the Will. If the Will comes to force, then it can be executed for the remaining properties as on the date of death.

If you suspect the transfer of certain properties by settlement was done fraudulently then you can challenge the same with the support of substantial documentary evidence to prove the fraudulent activities.

As a matter of fact your grandmother chose your grandfather as first beneficiary, though it was a life interest alone. 

It is not known what suit has been filed and why you people did not take any action to restrain your grandfather from alienating the other properties during the pendency of this litigation.

You should have filed an injunction petition simultaneously. 

Further the stage of the case as well as the pleadings from your side to protect your interests are also not known hence any advise rendered now in this regard may be a misguidance, therefore you may be in touch with your own lawyer on all such further issues. 

Details of pending case and WILL of your mother's grandmother is required to be examined to ascertain the situation. Were the properties sold and/or sold to so-called influential political persons under alleged settlent deed part of partition suit or not? If properties were part of partition then you should file application seeking stay against grandfather restraining him from selling properties which are part of partition suit. As per your version your grand father had inherited the property but he does not have any right to sell any property. However, it requires to be ascertained from stated  documents. Now your issue that your grandfather had not spent any money for purchasing the property is irrelevant. Like you your grandfather too had inherited the property. Settlement deed and other sales can be challenged. 

it is necessary to peruse will and settlement deed cited by you to advice 

2)you have to prove grand mother was not mentally fit at time of execution of settlement deed 

3)you need to rely upon her medical diagnostic reports 

4)amicable settlement is best option 

If you challenge the settlement deeds you grandfather made your grandmother execute when she had not been physically and mentally sound, the burden of proof lies squarely on you. You need documentary evidence such as a medical report and competent witnesses to support your claim. If you have, it is worth fighting. Otherwise, give up.

settlement deed over rides will 

2) settlement deed was made after execution of will . grand mother was at liberty to transfer her property during her lifetime 

3) you have to seek orders to set aside sale deed executed by grand father 

Details and court papers are required to be examined. You had liberty to challenge order of trail court in refusing injunction. You seem to have not been advised correctly. 

1. Payment of tax or bills does not create any ownership right nor the sane establish any proprietary rights over the property. The outcome of partition suit shall be applicable on the alleged sale of said property. However, you can challenge the sale and transfer made by your grand uncle. 

2. The reasoning of undervaluation or income tax etc have no meaning and are required to be looked into by the authorities only. You are stranger to the sale. You were required to take few precautions in order to safeguard the properties. Since case is pending till now so there seem to be possibilities. Any opinion and strategy could be suggested after examining the details and court papers with update orders passed by court.  

If you have filed the suit for partition or declaration, first you fight and get the judgement in your favour.

If there's no property available at the time of execution you can get an order of ejection to eject the buyers from the property on the basis of the judgement received in your favour.

Yes it’s enough need to file cancellation suit for sale agreement 

- Since, the said Will was her last wishes to transfer her properties in your brother , and during her life time she had not write additional Will , except the said settlement deed. 

- Hence, it was necessary to cancel the said Will before executing a settlement deed, and if no such clause is mentioned in the said deed, then the Will having its effect to be executed. 

- You can file a petition before the court for Probate the said Will 

- Further , as the mental condition of grandmother was not sound at the time of execution of that deed , then it can be a ground for cancelling the said deed. 

- Perusal of the said Will and settlement deed is necessary for giving a perfect suggestion 

Dear client,  

From the information you've provided, it appears that there are multiple legal issues involved, including the validity of the will, the alleged fraudulent settlement, and the sale of the properties. Proving fraud can be challenging, as it requires substantial evidence and legal arguments. The lack of medical records for your grandmother's health and the uncertainty surrounding the fabrication of the settlement may complicate matters.

To challenge the sale and potentially nullify it, you may need to present evidence and arguments to demonstrate that the sale was invalid or conducted unlawfully. This may include proving that the settlement was fraudulent, establishing that your grandfather did not have the legal right to sell the properties, or showing that the sale was made under duress or undue influence. A skilled attorney can guide you through the process and help you build a strong legal case.

Regarding the priority between the will and the settlement, the specific language and terms of each document, as well as the applicable laws in your jurisdiction, will determine their legal standing. An attorney familiar with property and inheritance laws in your area can review the documents and advise you on their impact and validity.

It is worth noting that legal proceedings can be lengthy, complex, and costly. The outcome of any legal case depends on the specific facts and evidence presented, as well as the interpretation and application of the law by the court. Consulting with a lawyer will give you a better understanding of the legal possibilities and the likelihood of success in your particular situation.